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HIGH COURT OF JUDICATURE AT ALLAHABAD
VIKRAM D.CHAUHAN
Raj Bihari Singh @ Raj Bihari – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. background of criminal case (Para 2 , 3 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments against instigation to suicide (Para 10 , 11 , 12) |
| 3. analysis of abetment of suicide (Para 13 , 14 , 15 , 16 , 17) |
| 4. court's findings on offences (Para 18 , 24) |
| 5. examination of sections 504 & 506 ipc and sc/st act (Para 19 , 20 , 22 , 23) |
| 6. final order of the court (Para 25) |
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 Pol
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.
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