Back
HIGH COURT OF JUDICATURE AT ALLAHABAD
VIKRAM D.CHAUHAN
Raj Bihari Singh @ Raj Bihari – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
VIKRAM D. CHAUHAN, J.
1. Heard Sri Govind Saran Hajela, learned counsel for the applicants, Sri Sher Singh, learned counsel for the Opposite party no. 2 and learned A.G.A. for the State.
2. The present application under Section 482 of Code of Criminal Procedure, 1973 is preferred by applicants for quashing charge-sheet as well as order dated 6.8.2019 taking cognizance under Sections 306, 504, 506 of Indian Penal Code and under Sections 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 pending before Special Judge, (SC/ST) Act, Police Station Rohania, District Varanasi in Special Session Trial No. 228 of 2019 ( Sarkar Vs. Raj Bihari Singh and others ). The above-mentioned criminal case arises out of First Information Report dated 13.3.2019 in Case Crime No. 148 of 2019 at Police Station Rohania, District Varanasi.
3. At the initial filing of present application before this Court applicants have also made a prayer for quashing of offence under Section 3(1)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, subsequently the above- mentioned order dated 6.8.2019 was corrected by order dated 21.10.
Instigation requires direct incitement to suicide with a clear nexus; mere participation in an inquiry does not amount to abetment under IPC.
The main legal point established in the judgment is the careful consideration of the factual scenario and the application of legal principles related to abetment of suicide and intentional insult und....
The court quashed the FIR and proceedings under the Atrocities Act, finding no prima facie case against the applicant and emphasizing the need to prevent abuse of legal processes.
For a charge of abetment of suicide under IPC Section 306, there must be clear evidence of instigation or incitement by the accused, and mere allegations of harassment are insufficient without a dire....
Abetment of suicide – Necessary ingredients of offence must be fulfilled by prosecution.
The court emphasized that for offences under the Atrocities Act, the alleged insult must occur in public view, which was not established in this case.
The main legal point established in the judgment is that if the allegations in the FIR do not prima facie constitute a case against the accused, the proceedings can be quashed.
The court clarified that for offences under the Atrocities Act, allegations must occur in public view, and prosecution can be quashed in part based on the sufficiency of evidence.
(1) Abetment involves mental process of instigating a person or intentionally aiding a person in doing of a thing.(2) Without positive act on part of accused to instigate or aid in committing suicide....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
