COURT IN ITS OWN MOTION – Appellant
Versus
YOGESH SHARMA – Respondent
( 1 ) I had in exercise of my powers u/s 482, C. P. C. directed that the various files of cases pending u/s IPC. 309 (attempt to commit suicide) in the trial Courts in Delhi, be summoned and placed before me for disposal. The files have been called by the Registry and placed before me. From the statement, I find that there are 120 cases pending in various trial Courts in Delhi, some pending since 1972.
( 2 ) MR. Saini, Advocate, is present in Court. I have asked him to assist me in these matters. He appears amicus curiae. Notice had been issued to the State. Sodhi Teja Singh, Standing Counsel for the State, also appears for Delhi Administration.
( 3 ) A. D. B. of this Court in State v. Sanjay Kumar, 1985 Cri. L. J. 931, in dealing with a case u/s 309, Indian Penal Code. observed that the "continuance of Sec. 309 Indian Penal Code. is an anachronism unworthy of a humane society like ours. " It also observed that there was no justification for a provision like Sec. 309 Indian Penal Code to be on the statute book. It seems paradoxical that a person who, if the prosecution is to be believed, is so unhappy that he makes an attempt to commit a suicide, should, if he fails
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