N RAJASHEKAR REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is charged as accused in SC.No.498 of 2018 pending on the file of II Additional Senior Civil Judge, Ranga Reddy District, L.B.Nagar taking cognizance for the offences under Section 306 IPC which is the outcome of Cr.No.848 of 2016 of Uppal Police Station originally registered under Section 174 Cr.P.C from the report of B.Srinivas, father of the deceased/Varunraj student of B.Tech 2nd year at VNR Vignan Jyothi Engineering College, Bachupally and the police after investigation by citing 23 witnesses including the three I.O's, L.Ws.21 to 23, Forensic Lab Assistant Director-L.W20, Medical OfficerL.W19 and defecto complainant/L.W1 (father of the deceased) L.W2 (mother of the deceased) L.W3 (Watchman of Kurmasangam new construction building, Bharath nagar, Uppal) which is the place where the deceased committed suicide, while the building is at its construction on its pent house, LW.4 Robert Kennedy, LW.5-Jashwanth who are the 2nd year B.Tech students along with the deceased. LW.6 witness and CCTV operator of VNR Engineering College, L.W7 Manager of the college, L.Ws.8, 9, 10, 11, 12 students of the college either in B.Tech or B.Com respectively and are the friends of the deceased and accused. L.W13 watchman of the KKR Garden, Bharath nagar, L.W14 private employee of East Balaji Hills, Uppal. L.Ws.13 to 18 pancha witnesses to the inquest of seen and sketch of offence and disclosed the statement of accused leading to discovery of facts. It is there from, the learned III Metropolitan Magistrate at L.B.Nagar, Cyberabad taking cognizance of the offence under Section 306 IPC pursuant to the charge sheet filed against the petitioner/accused and on its committal registered as SC.498/2018 on the file of II Additional Senior Civil Judge, Ranga Reddy District. Impugning the same, the present quash petition is filed.

(2.) The contentions in the quash petition are that the petitioner/accused is innocent and merely because the deceased committed suicide, he cannot be implicated in the crime in the absence of ingredients required to show under Section 107 IPC. From the whole reading of the case including the witnesses stated supra, no case is made out and proceedings cannot be allowed to continue and thereby to subserve the ends of justice, the proceedings are liable to be quashed.

(3.) Learned Public Prosecutor opposes saying that there is accusation from the investigation material and for its taking cognizance by the learned committal Magistrate and inturn by the Sessions Court, there is nothing to interfere but for to left open to any of the defence during trial.