This petition is filed under Section 482 of the Code

of Criminal Procedure, 1973, (for short hereinafter

referred to as 'Cr.P.C.') with a prayer to quash the

proceedings with respect to registration of FIR in Cr.

No.96/2019 and filing charge sheet in C.C No.1506/2021

against the petitioner by the first respondent police for

the offence punishable under section 309 Indian Penal

Code, 1860, (for short hereinafter referred to as IPC)

and also prayer to quash the order taking cognizance and

issuance of summons to the petitioner by the learned Prl.

Civil Judge and JMFC-II, Bidar.

Factual matrix:

2. It is contended by the petitioner that based on

the complaint lodged by one Vijay Kumar C., Head

Constable of Gandhi Gunj Police Station, an FIR came to

3

be registered against petitioner. It is alleged in the

complaint that this petitioner gave a statement before

complaint in hospital that petitioner is a Science Teacher

working at Mathoshree Ahalyabai Holkar High School,

Chitta Road, Bidar. The petitioner is also working as

Home Guard Commandant, Bidar District on additional

duty. The petitioner stated that he was harassed by the

Management persons of the said School and they were

demanding money from the petitioner and threatening

the petitioner stating that he will be transferred from his

present place of working. Unable to tolerate such

harassment and ill-treatment, the petitioner attempted to

commit suicide by consuming poison.

3. The police registered Crime No.95/2019 for

offence punishable under section 384 IPC against the

Management

incharge

persons

and

Cr.No.96/2019

against the petitioner. The investigating officer filed 'B'

report in Cr.No.95/2019, same police filed the charge

sheet against the petitioner for the offence punishable

under section 309 IPC and the JMFC took cognizance and

issued summons, which is assailed in the petition.

4

4. Heard Shri. Sanjay Kulkarni, learned counsel

for the petitioner and Sri. Gururaj V. Hasilkar, learned

HCGP for the respondent No.1/State. Respondent No.2 is

served and unrepresented. Perused the material on

record.

Arguments:

5. Learned counsel for the petitioner argued that

the contents of the complaint are a hearsay one.

According to the petitioner, he has consumed some

poison. Investigation report shows that the petitioner has

consumed

Phenyl.

Learned

counsel

argued

that

Cr.No.95/2019 came to be registered against the person

incharge of Management of the said school for the offence

punishable under Section 384 IPC based on statement

given by the petitioner about the harassment on him.

Accordingly, statement of this petitioner and witnesses

were recorded. All witnesses stated that petitioner

accidentally consumed Phenyl instead of milk. Based on

the said statements, 'B' final report was filed by the police

against the accused in Crime No.95/2019. Inspite of it,

5

Cr.No.96/2019 is registered against the petitioner for

offence under section 309 IPC alleging that there was

attempt to commit suicide by the petitioner. Learned

counsel argued that the entire 'B' report filed by the

police shows that, the same witnesses in Cr.No.96/2019

have stated in Cr.No.95/2019 that incident happened

accidentally. Instead of having glass of milk, the

petitioner has consumed phenyl kept in a glass placed by

the side of glass of milk. They are the same witnesses in

this case also. Only CW's numbers are changed in

Cr.No.96/2019. CW-5 and CW-6 in Cr.No.95/2019 are

CW-4 and CW-5 in case against petitioner. It is contended

that a false case is filed against this petitioner at the

instance of school management to further harass the

petitioner. The learned counsel further argued that even if

it is presumed that the petitioner has consumed Phenyl,

the allegation of attempt to commit suicide is not legally

tenable.

Learned

counsel

argued

that

after

the

Constitutional validity of Section 309 I.P.C. was upheld by

the Supreme Court of India in Smt. Gian Kaur V. State of

6

Punjab¹, the Government of India amended