BARAPATI SRILEKHA Vs. RAMACHANDRA REDDY PATOLLA

JUDGEMENT

(1.) The petitioner is the accused of Cr.No.1365 of 2015 of Rajendranagar Police Station registered originally under section 174CrPC on 22.12.2015 and later altered the Sec. of law for the offence punishable under Sec. 306 of I.P.C., on the report of the 1st respondent-defacto complainant and after investigation, the police on filing charge-sheet, the learned VIII Metropolitan Magistrate, Cyberabad at Upperpally, Rajendra Nagar, Ranga Reddy district, taken cognisance for the offence under Sec. 306 I.P.C. and numbered as PRC No.36 of 2016 to commit the case to the Court of Sessions.

(2.) The petitioner impugning the proceedings in said P.R.C.No.36 of 2016, filed this Criminal Petition with the contentions in the grounds of petition that her relative-deceased Dasaratha Reddy, loved her while she was a student but on the advice of the elders she concentrated on her studies and got selected in a campus by the reputed company. The deceased went to London and returned to India in 2014 as he could not stay there any further. On a complaint given by one Rambabu, HR, Meridian School, a case in Cr.No.600 of 2015 of Madhapur(Guttala) Police Station was registered against the deceased shown as A.3 and two others for offences punishable under section 420,468 and 471 r/w 34 Penal Code and the deceased was arrested on 17.10.2015 and subsequently was released on bail and the police filed a charge-sheet against them on 06.11.2015 and numbered as C.C.No.1380 of 2015 pending on the file of the XXV Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad on the allegation that the deceased produced some fake appointment letter, joining letter, pay slip and salary break up and employment certificate and uploaded to the U.S. Consulate for visa and on verification by the U.S.Consulate said particulars furnished by the deceased are forged and unable to bear the humiliation the deceased committed suicide on 21.11.2015 having consumed Monocrotophas at Himayath Sagar and uploaded the video of his consuming poison through Whats App including to the petitioner's phone number.

(3.) From the above, the petitioner submits that to attract Sec. 306 I.P.C., there should be instigation or aiding the deceased to commit suicide but none of the ingredients are there in the charge sheet or the 161CrPC statements shows that the petitioner has aided the deceased to commit suicide. The petitioner is aged about 23 years and she completed her B.Tech. In fact, the deceased also made an attempt to hack the e-mail of the petitioner and also tried to send an e-mail to the employer of the petitioner and the petitioner informed her employer that she created a new mail ID and asked them not to consider and respond to her old mail ID. The petitioner further submits that her future will be ruined if the proceedings are allowed to continue against her. She also submits the expression of the Apex Court in Gangula Mohan Reddy Vs. State of Andhra Pradesh, (2010) Crl.LJ 2110 SC in which it is held that abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing and without a positive act on the part of the accused to instigate or aid in coming suicide, conviction cannot be sustained. The petitioner also relied on other expression in Madam Mohan Singh Vs. State of Gujarat, 2010(8) SCC 628 in which it is held that unless there is specific allegation and material of definite nature, it would be hazardous to ask the accused to face the trial and a criminal trial is not exactly a pleasant experience. She further submits that continuation of the proceedings in PRC No.36 of 2016 is nothing but clear abuse of process of law and the same is liable to be quashed.