Mere harassment or criticism is not enough to constitute an offence under Section 306 of the Indian Penal Code. It is necessary to establish that the instigation was the proximate cause of suicide.

( 1 ) THE instant case arises out of an application under Section 482 of the criminal Procedure Code, 1973.

( 2 ) BY filing such application petitioner sought for quashing of proceeding being G. R. No. 723 of 2003 now pending before the learned Sub-Divisional judicial Magistrate, (since redesignated as Additional Chief Judicial Magistrate)Durgapur, Burdwan, in connection with Durgapur Police Station Case No. 187 of 2003 dated 28. 08. 2003 under Section 306 of the Indian Penal Code.

( 3 ) GRIEVANCES of the petitioner may briefly be stated as follows: - On the basis of a written complaint lodged by one Subodh Kumar Sain, Durgapur P. S. Case No. 187/03 dated 28. 08. 2003 under Section 302/34 of Indian Penal Code was started. It was alleged in the said written complaint that "the daughter of the victim girl namely Baisakhi Sain was working as a maid servant in the house of Mrs. Mukherjee of East Point Kinder Garden School Ambedkar Sarani, City centre, Durgapur-16. " She used to work in the place of Mrs. Mukherjee during the day time as a maid-servant and in the house of the daughter of said Mrs. Mukherjee, i. e. , petitioner herein, during the night. On 26. 08. 2003 at about 5. 30 a. m. de facto-complainant came to know that his daughter committed suicide by hanging in the quarter of the petitioner herein. The petitioner used to inflict torture upon the victim girl and this was intimated to the said Mrs. Mukherjee by the de facto-complainant. The de facto-complainant assumed that his daughter committed suicide being unable to bear the torture inflicted upon her.

( 4 ) THE petitioner has, thus, been falsely implicated and this was done to wreak vengeance upon her and to spite her in the eye of the society. The petitioner was arrested and was subsequently released on bail. After completion of investigation, the Investigating authority submitted charge-sheet being charge-sheet No. 247/04 dated 01. 12. 2004 under Section 306 of the Indian Penal Code before the learned Court of S. D. J. M. , Durgapur, Burdwan against the present petitioner. Learned S. D. J. M. by order dated 24. 12. 2004 took cognizance of the said alleged offence. The allegations made in the complaint, even if taken in its entirety do not reflect the essential ingredients of the offences as alleged. Continuation of such proceeding will, thus, amount to abuse of the process of court and, as such, the present application was filed with the prayer for setting aside of the order dated 24. 12. 2004 and quashing of the proceeding under reference.

( 5 ) LEARNED Counsel Mr. Bagchi appearing for the petitioner submitted that there is no material available before the learned Court of Magistrate so as to justify further proceeding of the case.

( 6 ) IT appears from the materials available-on-record that one Subodh kumar Sain submitted a complaint before the Officer-in-Charge of the Durgapur p. S. on 28. 08. 2003. In the said complaint he stated that his daughter Baisakhi was engaged with one Mrs. Mukherjee during the day and used to be sent to her daughter's place where she used to stay at night. He came to know about his daughter's mysterious death through Mrs. Mukherjee on 25. 08. 2003. He went to Police Station to see his daughter, since deceased. He was of the firm belief that his daughter was otherwise murdered and they were trying to pass on such death as a suicide. He mentioned in such complaint that his daughter used to be tortured in various ways by the daughter of Mrs. Mukherjee and this was also brought to the notice of the Mrs. Mukherjee.

( 7 ) MR. Bagchi referring to the decision in the case of Annakali Dutta and ors. v. State, reported in 1990 (II) CHN 38 submitted that mere strong suspicion may not necessarily justify proceeding under Section 306 of I. P. C. In the said case an application under Section 401 read with Section 482 of the Criminal procedure Code was filed with a prayer to quash the charges framed -against the petitione