ORDER

This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in S.C.No.239 of 2017 on the file of the IV Additional District and Sessions Judge, Visakhapatnam, registered for the offence punishable under Section 306 of Indian Penal Code (for short “I.P.C.”).

2) Petitioner herein is the accused. Respondent No.2 is the complainant. Respondent No.2 herein submitted a report alleging she has working in the Railway Electrical Department at South office, for the past 25 years and her office is located opposite to Srinivasa Kalyana Mandapam. The petitioner herein directed the complainant to work at the AEE house, but she denied to work at the house and tendered her willingness to work in the office and she has informed the same to her husband over phone and her husband asked the petitioner herein about the same, who replied that the said system is existence in the office. On that her husband complained the matter to DRM and Senior DEE, but they did not take any action, moreover complained against her husband that her husband came to office in drunken state and also took her signature forcibly on the papers and that a warning letter was issued to her as he spoke with Sakshi TV. Because of which, the complainant and her husband got humiliated a lot, and on the date of incident i.e. on 31.07.2015 at about 07.30 a.m. her husband went to the opposite house and did not return till 8.30 a.m., thereafter, one Nirmala Kumari came to the complainant and informed that her husband is in the opposite house, upon which the complainant and her two children went to the said house and knocked the doors and found that the husband of the complainant committed suicide. It is further alleged in the complaint that the husband of the complainant was beaten by some unknown persons as he complained the matter to DRM. The complainant gave complaint to DRM, who in turn directed the same to Charumathi for enquiry, but she did not start the enquiry and no justice is rendered to her. The husband of the complainant wrote a suicide letter stating that S.Mohan (petitioner herein) is responsible for his death and that the petitioner herein, S.V.R. Murthy and all other staff are harassing the complainant, for which they felt a lot.

3) Basing on the said complaint, Visakhapatnam IV Town police registered a case in Crime No.369 of 2015 for the offence punishable under Section 306 of I.P.C. and took up investigation. After completion of the investigation, police filed charge sheet, which was numbered as S.C.No.239 of 2017 on the file of the VI Additional District and Sessions Judge, Visakhapatnam against the accused for the offence punishable under Section 306 of I.P.C. The present petition has been filed by the accused to quash the proceedings in S.C.No.239 of 2017.

4) Learned counsel for the petitioner contended that the petitioner is innocent and he has been implicated falsely without there being any incriminating material and that the complainant is adamant and she used to harass the officials. Further, as the petitioner is a public servant, prior sanction under Section 197 of Cr.P.C. is necessary. The names of one S.V.R.Murthy and other staff members are also mentioned in the F.I.R., however, charge sheet has been filed only against the petitioner, which clearly shows the intention of the police authorities is to harass the petitioner and that the petitioner has not instigate the husband of the complainant to commit suicide, therefore, the allegations made in the complaint would not constitute offence punishable under Section 306 of I.P.C., and requested to quash the proceedings in S.C.No.239 of 2017.

5) Learned Public Prosecutor contended that the petitioner harassed the complainant, directed her to work at the AEE house and as she did not accept the same, issued a warning letter as she spoke with Sakshi TV, and in view of the acts of the petitioner, the complainant and her husband got humiliated a l