2012 Supreme(AP) 279
High Court of Andhra Pradesh
B. SESHASAYANA REDDY
M. Vasudeva Chary & Others
Versus
The SHO., P.S., K.P.H.B., Cyberabad, rep by Public Prosecutor, A.P., High Court Hyderabad & Another
Criminal Petition No.2354 of 2011
Decided On : 15-03-2012
Headnote:
Criminal Procedure Code, 1973 - Section 482 – Quash of Criminal proceedings – Abatement of Suicide – Respondent lodged a report with the Inspector of Police Colony Police Station, alleging, inter alia that her husband along with Laboratories Private Limited, a bulk drug company at Village, near thereafter, @ TPR joined as a partner – Since six months have been threatening her husband to quit as Chairman of the Company - She is also a director in the Company. Her husband has been humiliated and forced to quit the Company in the Board meeting held in her husband, being not able to withstand their threats and humiliations, committed suicide at by hanging himself to a ceiling fan with a nylon thread leaving behind a suicide note. She requested for appropriate action against the persons referred in the report for driving her husband to commit suicide - Basing report, a case in Crime for the offence under Section 306 IPC came to be registered against the petitioners 1 and 2 and others. After registering the case, an inquest has been held on the dead body of the deceased in the presence of During the course of inquest police examined Basing on the statements of the witnesses examined during the inquest opined that committed suicide being unable to bear the harassment of the petitioners herein. Col.No.15of the inquest report, translated version, which finds place at page No.26 of the material papers –Held, suicide note indicates that the deceased was deeply hurt by the rumors spread by the petitioners of his misappropriating the company funds and they even made him a fool before the village elders by going back on the promise of paying the compensation to the family members of Shiva, who died in the road accident deceased came to know of this propaganda, specifically two days prior to the suicide note. Suicide note clearly referred to the circumstances in which the deceased took the extreme step of taking away his own life. Creation of circumstances for the deceased to commit suicide amounts to abetment will acts of the petitioners in spreading the rumors against the deceased with regard to misappropriation of company funds and giving out threats to step down, from the post of Chairman of the Company and making him to feel ashamed in the presence of the village elders, in my considered view, constitute instigation as provided under Section 107 IPC. The complaint of the 2nd respondent who is the wife of the deceased indicates that the petitioners insulted the deceased and threatened him to leave the company failing which they would do what they could question whether reflections of the deceased in the suicide note are outcome of self-imagination or based on hard facts will be known only if the investigation in the crime is allowed to be proceeded – Criminal Petition is dismissed.
1. This Criminal Petition has been taken out under Section 482 Cr.P.C. by A2 M.Vasudeva Chary, A3 Thirupathi Reddy and suspect accused -S. Yadava Reddy in Crime No.165 of 2011 of K.P.H.B Colony Police Station, Cyberabad, to quash the proceeding therein.
2. Smt. Akurathi Jhansi Rani-2nd respondent lodged a report with the Inspector of Police, K.P.H.B. Colony Police Station, Cyberabad, alleging, inter alia, that her husband-Akurathi Panakalu along with Vasudeva Chary @ Vasu (1st petitioner herein) and Jayaram established. Pravah Laboratories Private Limited, a bulk drug company at Vangapally Village, near Yadagirigutta. Thereafter, Tirupathi Reddy @ TPR (2nd petitioner herein) joined as a partner. Since six months, Vasudeva Chary and Tirupathi Reddy have been threatening her husband to quit as Chairman of the Company. She is also a director in the Company. On 24.02.2011 her husband has been humiliated and forced to quit the Company in the Board meeting held in Swagath Hotel, Kukatpally. Her husband, being not able to withstand their threats and humiliations, committed suicide at about 4.00 P.M. on 25.02.2011 by hanging himself to a ceiling fan with a nylon thread leaving behind a suicide note. She requested for appropriate action against the persons referred in the report for driving her husband to commit suicide. Basing on the said report, a case in Crime No.165 of 2011 for the offence under Section 306 IPC came to be registered against the petitioners 1 and 2 and others. After registering the case, an inquest has been held on the dead body of the deceased in the presence of Alla Srinivas Reddy and Chitra Sreenivasa Rao on 26.02.2011 at 10.30 hours. During the course of inquest, the police examined 1) Smt. Akurathi Jhansi Rani @ Jhansi; 2) A. Nikhil Pravah; 3) Kum. Naithika @ Dolly; 4) Sunkara Srinviasa Rao; and 5) Pallampati Sudhakar. Basing on the statements of the witnesses examined during the inquest, the panchas opined that Akurathi Panakalu committed suicide being unable to bear the harassment of the petitioners herein. Col.No.15of the inquest report, translated version, which finds place at page No.26 of the material papers, reads as hereunder:
"After examining, the deadbody, witnesses and relations, the mediators unanimously opined that the deceased and Vasudeva Chary, established Pravah Laboratories at Vangapalli Village in Nalgonda District, with its Corporate Office in K.P.H.B. about 4 1/2years ago, that after one year Tirupathi Reddy joined as partner and conducting the business, that since six months the deceased's partners Vasu and Tirupathi Reddy with the help of the accountant Yadaya Reddy by manipulating the accounts showed losses to the Company though running in profits, that by mentally harassing the deceased by holding him responsible for the losses they were trying to send him out of the Company, that on 24.02.2011 in the Board Meeting held in Swagath Hotel, Vasu and Tirupathi Reddy in the presence of the deceased's wife insulted the deceased by stating that the deceased was running the Company in losses, that he committed suicide on 25.02.2011 by hanging himself to the ceiling fan by a nylon rope when he was alone in the house, that the deceased committed suicide unable to bear the harassment of Vasudeva Chary @ Vasu, Tirupathi Reddy @ TPR and Accountant Yadava Reddy."
By the time of inquest, the police seized the suicide note, which runs into 21 pages. In the suicide note, the deceased has given a detailed account of the incidents, which paved him to put an end to himself. He also stated, in the suicide note the object with which he established the Company and how the petitioners manipulated the accounts of the Company. The apprehension of his not getting any justice in third party, audit of the company accounts had also been stated in the suicide note. While the investigation is in progress, the petitioners moved this Criminal Petition under Section 482 Cr.P.C. to quash the proceeding in Crime