JUDGMENT :

1. This Criminal Misc. Petition has been preferred under Section 482 Cr.P.C. praying for the following reliefs:-

“It is, therefore, prayed that this Hon’ble Court will be pleased to send for the records of the courts below, peruse the same & after perusal set aside the orders of the cognizance taken against the petitioner or pass any other orders that his Hon’ble Court deems fir & proper.”

2. This Criminal Misc. Petition has been preferred against the order, dated 25.01.2017, passed by the Special Judge, SC/ST (Prevention of Atrocities Act Cases), Pali, in Criminal Revision No. 89/2015 and against the order, dated 17.07.2012, passed by the Addl. C.J.M. (Communal Riots), Pali taking cognizance under Sectin 306 I.P.C. against the accused-petitioner in F.R. No. 37/2011 in Criminal Case No. 283/2013, titled Smt. Lal Kanwar Vs. Ajit Singh & Anr.

3. Brief facts of the case as placed before this Court by the learned counsel for the petitioner are that the respondent filed an F.I.R. on 13.04.2011 at Police Station Kotwali, Pali stating therein that the petitioner and his brother, Kiran Singh has falsely implicted his son in a case, and threatened him and caused him mental agony, and that due to the same, his son committed suicide. And that, upon the receipt of such a complaint, the concerned police authorities registered a case against the petitioner for the offence under Section 306 I.P.C. and upon investigation filed a negative Final Report.

4. Learned counsel for the petitioner submits that upon the submission of the negative F.R. by the concerned police authorities, the respondent filed a protest petition, which was treated as a complaint by the concerned Magistrate and he recorded the statement of the respondent under Section 200 Cr.P.C. along with complainant-witnesses C.W. 2 and C.W. 3 Vikram Singh and Pradeep, under Section 200 Cr.P.C. and took cognizance against the petitioner herein for the offence under Section 306 I.P.C.

5. Learned counsel for the petitioner further submitted that the concerned police authorities upon completion of investigation found that the deceased, Narendra, son of the respondent herein, and the respondent frequently quarreled, and that the lifestyle and the character of the respondent was the reason for the suicide of her son.

6. Learned counsel for the petitioner vehemently submitted that looking to the complaint so made out by the the respondent, the ingredients of Section 306 I.P.C. against the petitioner are not made out, and therefore there is no basis whatsoever for the complaint to be taken against the petitioner.

7. Learned counsel for the petitioner drew the attention of this Court to the Section 161 Cr.P.C. statements of witnesses, Ram Singh and Rameshwarlal and the letter written by the wife of the deceased, Narendra, which was addressed to the District Collector, Pali; wherein the wife alleges that the suicide of the deceased, was due to the deceased’s mother’s actions.

8. Learned counsel for the petitioner placed reliance on the following judgments seeking quashing of an order taking cognizance against accused person/s passed by a subordinate Court;

8.1 Geo Varghese Vs. The State of Rajasthan & Anr., 2022 (1) SCJ 81 decided on 05.10.2021

“15. Section 306 of Indian Penal Code makes abetment of suicide a criminal offence and prescribes punishment for the same. Abetment is defined Under Section 107 of Indian Penal Code which reads as under:

“107. Abetment of a thing-A person abets the doing of a thing, who First.-Instigates any person to do that thing; or Secondly.-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.-Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1.-A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound t