Discharge of accused in criminal proceedings cannot be granted prematurely when prima-facie evidence necessitates a full trial.

ORDER :

E.V. VENUGOPAL, J.

Heard Sri Pavan Reddy, learned counsel representing on behalf of Sri Saksham Gogia, learned counsel for the petitioners and Smt.S.Madhavi, Assistant Public Prosecutor, representing learned Public Prosecutor for State/respondent.

2. Challenge in this criminal revision case filed under Sections 397 and 401 Cr.P.C, is to the order dated 07.06.2024 passed in Crl.MP No.13 of 2023 in SC No.102 of 2022 on the file of the learned Principal Senior Civil Judge-cum- Assistant Sessions Judge, Mahabubnagar wherein and whereunder the prayer of the petitioners/accused for their discharge under Section 227 of Cr.P.C. was rejected.

3. SC No.102 of 2022 on the file of the trial Court was registered basing on Crime No.21 of 2020 of Railway Police Station, Mahabubnagar, registered in pursuance of death of one D.Venkat Reddy, a Railway Contractor. The brief facts that germane for registration of the said case are that on 29.02.2020 at 08.30 a.m. the Station House Officer, Railway Police Station, Mahaboobnagar, upon receiving a death message from C.Mahender, Station Master, South Central Railway, Mahaboobnagar about finding an unknown male dead body between rail-track at KM No.137/5-7, Deverkadra Railway Station Yard, registered Crime No.21 of 2020 for the offence under Section 174 Cr.PC and subsequently the section of law was altered to Section 306 IPC while implicating the petitioners, who are Deputy Chief Engineer and CPW1 respectively of South Central Railway, Secunderabad Division alleging that they have harassed and abetted the deceased for committing suicide. Further, during the investigation, they collected a diary of the year 2019 wherein a suicide note is found, made by the deceased, stating that on 22.02.2020, at Maganoor Contractor Camp, when the deceased came to the meeting lately in drunken condition, the 1^st petitioner, in front of everyone including his younger brother D.Mahender Reddy, scolded the deceased in filthy language and he repeated such scolding on 28.02.2020 and also on several occasions when he saw the deceased and that the 2^nd petitioner also troubled the deceased in many ways and due to their such harassment and troubles, he committed suicide. Accordingly, the police after concluding the investigation laid charge- sheet against the petitioners alleging that due to their abetment and harassment the deceased committed suicide.

4. During the course of proceedings before the trial Court, the petitioners filed Crl.MP No.13 of 2023 under Section 227 of Cr.P.C. seeking their enlargement contending that they being the Railway officials in their official capacity discharged their duties strictly in accordance with the rules and without any stigma in their service and that they have no acquaintance with the deceased and they had no occasion either to talk with him or abusing him in filthy language and that they were falsely implicated in the present case without there being any involvement or essential ingredients like intentional aiding and active complicity as envisaged under Section 107 IPC or without obtaining sanction under Section 197 of Cr.P.C.

5. The trial Court holding that the petitioner did not deny their supervision of execution of contract works of formation of new broad-gauge Railway line from Jaklar to Krishna for 36 KM entrusted to the brother of deceased Mahender Reddy and the statement of brother of deceased recorded under Section 161 of Cr.P.C. shows that the petitioners are the supervising and certifying authorities with regard to the work entrusted under contract and the statements of other witnesses viz. Kodali Srinivas and Maggari Venu reveal that the