An attempt to commit culpable homicide cannot be legally constituted against a deceased person, as the offence necessitates a living victim. Such 'impossible attempts' cannot substantiate criminal proceedings, and relying on unfounded, repetitive complaints constitutes an abuse of the judicial process.

ORDER :

ANOOP KUMAR DHAND, J.

1. By way of filing the instant criminal misc. petition, a challenge has been made to the order dated 05.10.2018 passed by the Additional Civil Judge & Metropolitan Magistrate No.24, Bassi, Jaipur Metropolitan by which cognizance has been taken against the petitioners for the offences under Sections 201, 308 & 120-B IPC.

2. Learned counsel for the petitioners submits that the petitioner No.2 is founder member of Shri Shankar Seva Dham Sansthan, a Society registered under the Rajasthan Societies Registration Act, 1959 and the same is run by a committee of which the petitioner No.2 is the President. The Society provides shelter homes to the mentally retarded, handicapped and destitute persons. The said Society not only provides shelter to the inmates but also provides all types of facilities including food, cloths, medicines, treatments to these persons etc. The Society as well as the petitioner No.2 is fully dedicated and devoted towards the cause of “Sansthan” and welfare of the individuals residing therein. Counsel further submits that the Society also has a cremation ground attached to it for the purpose of cremation of any persons, if they pass away while residing at the aforesaid shelter home of the Society. Counsel further submits that several renowned persons are Patrons and Trustees of the Society and they have devoted their names and invaluable time towards the upliftment of the destitute persons residing with the Society. Counsel submits that on 12.06.2017, the petitioner No.1, being a Driver, while providing his voluntary service to the Society, found one Sitaram aged around 60 years in a very depleted and critical condition on road. Under such circumstances, the petitioner No.1 took Sitaram in the ambulance and admitted him in the Society, where he was treated. However, on account of severe weakness, Sitaram could not survive and passed away due to cardiopulmonary failure. Counsel submits that the treating Doctor P.S. Kochar has also issued a certificate in this regard. Counsel submits that thereafter, funeral of the dead body of the said Sitaram took place at the Adarsh Nagar Mokshdham, Jaipur free of cost. Counsel further submits that after a period of around two months from the date of funeral, the complainant-respondent, who claims himself to be the brother of the deceased-Sitaram filed a complaint against the petitioners levelloing allegation that his brother Sitaram was in a healthy and sound condition before he passed away and there is a possibility that the petitioners might have taken out his organs and sold the same illegally, without providing any information of Sitaram’s death to his brother, i.e., the complainant-respondent.

3. Counsel submits that prior to lodging of the aforesaid complaint on 08.08.2017, the complainant-respondent visited the Society on 17.07.2017, enquiring about the whereabouts of his brother-Sitaram and thereafter, he came to know about death of the deceased-Sitaram due to cardiopulmonary failure. Counsel submits that at the time of admission of Sitaram to the Society, a sum of Rs.1,986/- was found with him and the same was retained by the Society and was thereafter handed over to the complainant. The complainant himself on his own will donated the aforesaid amount to the Society, for which a donation receipt was also issued