KANDREGULA VEERAMSETTI Vs. STATION HOUSE OFFICER II TOWN POLICE STATION BHIMAVARAM WEST GODAVARI DISTRICT

JUDGEMENT

(1.) This is an application to quash the FIR in Cr.No.95 of 2002 of Bhimavaram II Town Police Station registered under Section 306 IPC.

(2.) On 16-9-2002 the proprietor of Sri Krishna Modern Guest House, Bhimavaram, gave a report to the police that a person by name V. Venkateswara Rao, who took a room in his lodge, in an attempt to commit suicide, drank pesticide and was found lying in the cot with difficulty in breathing, and a suicide note on the table that nobody is responsible for his death, but was put to a great loss by the petitioners, and with a request to handover his body to his brother, who is working in the State Bank of India, Bhimavaram Branch, and so he took the said Venkateswara Rao to Government Hospital for treatment, and that the Doctor pronounced the said Venkateswara Rao, dead, and that (he said Venkateswara Rao must have committed suicide due to financial problems. The said report was registered as Cr.No.95 of 2002 under Section 306IPC showing both the petitioners as accused. Police took up investigation, arrested the petitioners and sent them to judicial remand on 19-9-2002. After they were enlarged on bail, petitioners filed this petition to quash the FIR against them.

(3.) The contention of the learned Counsel for the petitioners is that even if all the allegations in the FIR are taken to be true, no offence is made out against the petitioners, and so the FIR registered against the petitioners is liable to be quashed. Heard the learned Additional Public Prosecutor.