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SUNDER MOHAN
Latha Sharma – Appellant
Versus
State of Tamil Nadu Rep. By Inspector of Police, P-6 Kodungayur Police Station – Respondent
ORDER :
PRAYER in Crl.O.P.No.13487 of 2016 : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to S.C.No. 112 of 2016 pending on the file of the Mahila Court and quash the same insofar as the petitioner is concerned.
PRAYER in Crl.O.P.No.11861 of 2016 : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the charge sheet in S.C.No.112 of 2016 pending on the file of Mahila Court at Chennai.
The petitioners have filed the above quash petitions challenging the final report filed against them, which is now pending in S.C.No.112 of 2016 on the file of Mahila Court, Chennai.
2. For the sake of convenience, the petitioner in Crl.O.P.No.11861 of 2016 is referred to as first accused and the petitioner in Crl.O.P.No.13487 of 2016 is referred to as second accused.
3. The allegation in the final report is that the first accused was running an Educational Consultancy in the name of Blue Chip Services International Private Limited. The defacto complainant is the father of one Lavanya, the deceased. Lavanya approached the company run by the first accused and on the advice of the f
To establish abetment under Section 306 IPC, there must be clear intent and direct actions by the accused that compel the victim to commit suicide; emotional distress alone is insufficient.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent in this case.
A conviction under IPC Section 306 requires clear evidence of intent to instigate suicide, which was not present in this case.
Abetment of suicide requires clear connection between accused's actions and the suicide, with established mens rea of instigation or provocation.
Legal proceedings alone, without direct instigation or proximity, do not amount to abetment of suicide under Sections 306 and 107 IPC.
In cases of abetment of suicide, there must be proof of direct or indirect acts of instigation or incitement to commit suicide. Mere allegations of harassment without a positive act proximate to the ....
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
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