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2008 Supreme(All) 784
[2008(5) ADJ 12 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : AMAR SARAN, J.
RAJENDRA SINGH AND OTHERS .......Applicants
Versus
STATE OF U.P. AND ANOTHER .......Opposite Parties
(Criminal Misc. Application No. 3229 of 2008, decided on 29th March, 2008)
Advocates:
Counsel :
Nigamendra Shukla for the Applicants; A.G.A. for the Opposite Parties.
Counsel :
Nigamendra Shukla for the Applicants; A.G.A. for the Opposite Parties.
Headnote:Criminal Procedure Code, 1973—Section 482—(Indian) Penal Code, 1860—Sections 309, 306 and 107—Constitution of India—Article 51-A(h)—Criminal proceedings—Quashing of—Allegation in FIR lodged by police—On receiving information that a woman was about to take ‘Samadhi’ in village—Police party rushed there and found applicant sitting with folded hands in a pit—Her relatives covering her with mud which had reached at her chest level—Applicants were taken into custody—In view of Gian Kaur’s case (AIR 1996 SC 946) that right to life could never include right not to live—Cannot be said that there was no attempt to commit suicide—Which is punishable under Section 309 of IPC—Abetment to commit suicide attempt—Which is punishable under Section 309 read with Section 107—No force in application. Application Rejected.
