The High Court quashed criminal proceedings under Section 309 IPC filed against the petitioner. Finding no evidence of intention to commit suicide and no grounds to attract the offence, the Court held a trial was unnecessary.
Proceedings in C.C.No.1341 of 2014 were quashed and connected miscellaneous petitions were closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.1374 of 2015 and M.P.Nos.1 & 2 of 2015
Shanthi ... Petitioner Vs. State by 1.The Inspector of Police (L&O), B-4, Race Course Police Station, Coimbatore City Cr.No.966 of 2014 2.A.Malarvizhi ...Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the entire records in C.C.No.1341 of 2014 on the file of the learned Judicial Magistrate-III, Coimbatore, Coimbatore District and quash the same. For Petitioner : Mr.C.Prakasam For RR1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor ORDER
This petition has been filed to quash the proceedings in C.C.No.1341 of 2014 on the file of the learned Judicial Magistrate-III, Coimbatore, Coimbatore District
with high blood pressure and due to frustration instead of taking medicines she has taken some powder. Therefore, she fell down unconscious of mind. Immediately, she was taken to hospital and given treatment. Unfortunately, when the same was published in the newspaper and exposed the said officials atrocities, false case has been foisted as if the petitioner attempted to commit suicide. Therefore, he prayed for quashing the entire proceedings.
“309. Attempt to commit suicide —
Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year or with fine, or with both.”
this Court is inclined to allow the prayer sought for by the petitioner as such the proceedings in in C.C.No.1341 of 2014 on the file of the learned Judicial Magistrate-III, Coimbatore, Coimbatore District is quashed. Consequently connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
lok
To
1. The Inspector of Police (L&O),
B-4, Race Course Police Station,
Coimbatore City
2. The learned Judicial Magistrate-III,
Coimbatore, Coimbatore District
3. The Additional Public Prosecutor,
High Court of Madras.
+1 cc to Mr.C.Prakasam, Advocate, S.R.No.14190
Crl.O.P.No.1374 of 2015
and M.P.Nos.1 & 2 of 2015
SSM(13/03/2019) .
2 issues framed by the court
Whether the proceedings under Section 309 IPC should be quashed in the absence of evidence showing an intention to commit suicide.
Whether the High Court has the power to quash criminal proceedings in rare and exceptional cases.
2 provisions across 2 enactments
Shanthi
The State by 1. The Inspector of Police (L&O), B-4, Race Course Police Station, Coimbatore
A.Malarvizhi
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
