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2023 Supreme(Ker) 782

K. BABU
Sunil Kumar – Appellant
Versus
State Of Kerala, Represented By The Sub Inspector Of Police, Tanur Police Station, Through Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Johnson Gomez, Sri.M.R.Sudheendran
For the Respondent: Smt. M.K.Pushpalatha, PP, Sri.R.Sreehari, Addl.

ORDER :

Aparna, a student of S.N College, Shornur was found dead in a railway track at Nadakkavu near Tanur in Malappuram district.

2. Tanur Police registered Crime No.336/2017 under the caption 174 Cr.P.C. Later, the Police converted the FIR as provided in Section 154 Cr.P.C alleging offence under Section 306 of IPC against the petitioner based on the First Information Statement given by the father of Aparna.

3. The Police completed the investigation and submitted the final report before the jurisdictional Magistrate.

4. Heard Sri.Johnson Gomez, the learned counsel for the petitioner, Sri.R.Sreehari, the learned counsel for respondent No.2 and the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that there are no ingredients to attract the offence under Section 306 IPC. It is submitted that continuation of the criminal proceedings against the petitioner would be an abuse of the process of the Court.

6. The learned Public Prosecutor contended that the allegations in the final report along with the material produced by the prosecution prima facie show that the petitioner had abetted the commission of suicide by Aparna and, therefore, the proceedings against t

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