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TMI Blog2021 (10) TMI 1450X X X X Extracts X X X X X X X X Extracts X X X X ..... obable that a prudent man would not arrive at the conclusion that there is sufficient ground to proceed with the complaint. Before proceeding further, it is imperative to briefly discuss the law on the abetment of suicide to determine if a prima facie case Under Section 306 of the Indian Penal Code has been made against the Respondent-Accused. The alleged suicide is of a person who was working as a driver of a Special Land Acquisition Officer, who is a public servant and against whom serious and grave allegations of amassing wealth disproportionate to the known sources of income were made by the deceased. The suicide note contains a detailed account of the role of the Accused in the events which led to the deceased committing suicide. These are matters of investigation and possibly trial. The High Court stalled the investigation by granting an interim order of stay. If the investigation had been allowed to proceed, there would have been a revelation of material facts which would aid in the trial, for the alleged offence against the second Respondent. The impugned judgment and order of the Single Judge of the High Court of Karnataka dated 29 May 2020 set aside - appeal allowed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d crores and had utilized the mobile and bank account of the deceased to transfer funds to his relatives in the course of converting black money into white . The complaint narrates that since the deceased was aware of the dealings of the Accused, the Accused together with another driver, had been threatening him with murder. 3. On 6 December 2016 at about 1:30 pm, Shashi Kumar called the complainant to inform him that the deceased was staying in a room in a lodge and was not opening the door. When he attempted to call the deceased on his cell phone, the deceased spoke in a drunken state and it was apprehended that he was in some difficulty. The complainant alleged that he proceeded to the lodge at 3.00 pm and met Shashi Kumar and found that the room was bolted from inside. The complainant was informed that on 4 December 2016, the deceased had asked Shashi Kumar to arrange a room at a lodge, where he stayed with Shashi Kumar. The deceased is alleged to have informed Shashi Kumar that his life was in danger as the deceased was aware of the illegal activities of the Accused in amassing wealth as a result of which he was being threatened with murder. The deceased asked Shashi Kumar to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lled by rowdies ; (iv) A raid conducted against the Accused by the establishment of the Lokayukta of Karnataka while he was posted in the Housing Board; (v) The involvement of judges to whom presents or gifts were made; (vi) The payment of salary to the deceased having been stopped at the behest of the Accused; (vii) The Accused having used the deceased for changing currency worth over Rs. 75 crores; and (viii) The deceased being in knowledge of all the information , and when a shortage of an amount of Rs. 8 lakh was found, the deceased had been directed to make good the deficiency, failing which he was threatened to be killed by rowdies. 6. In this backdrop, the deceased recorded that he had been threatened by the Accused and hence was ending his life by consuming poison. Both the second Respondent and his house driver were specifically named as responsible for this death. 7. The second Respondent-Accused was arrested on 11 December 2016. On 12 December 2016, based on a complaint made by BT Suresh, a friend of the deceased, an FIR was registered against the Accused as Crime No. 128/2016 in Ijur Police Station, Ramnagar District, Under Sections 323, 324, 341, 342, 363, 506, 114 rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int does not disclose details of the alleged threat nor does it state that the deceased had on multiple occasions complained of having received threats from the Accused; (x) The allegation in regard to the demand for repayment of Rs. 8 lacs rings hollow as neither the prosecution nor the de facto complainant had placed an iota of material that the deceased was or had in fact been in possession of huge sum of money ; (xi) No act proximate to the time of death is alleged against the Accused; (xii) If the allegation of the demand of Rs. 8 lacs was correct, it would have been natural for the Accused to restrain the deceased from leaving Bangalore to ensure the recovery of the alleged sum; (xiii) The investigation had not thrown up any material regarding the use of the mobile banking facilities of the deceased for the transfer of funds; (xiv) Neither the death-note nor investigation revealed a threat call to the deceased; (xv) The only witness who could have spoken about the veracity of the suicide note was the deceased; (xvi) If a threat had been administered to the deceased, he would have narrated the incident to the complainant or his friends; (xvii) Even if a threat was given, the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the deceased had informed both the complainant and other witnesses of the harassment which he had suffered at the hands of the second Respondent-Accused who had a position of influence as an SLAO and with whom the deceased worked as a driver; (vi) The nature of the threats and whether the deceased had received calls was a matter for investigation; (vii) The suicide note contains a detailed account of the illegal activities of the second Respondent-Accused in amassing disproportionate wealth and the manner in which the deceased had been utilized for transfer of funds; and (viii) The High Court has despite the specific allegations in the suicide note and in the complaint enquired into the veracity of the allegations, thereby conducting a trial at the stage of considering a petition for quashing a criminal complaint. 13. Mr. V.N. Raghupathy learned Counsel appearing on behalf of the State of Karnataka has urged similar submissions. It has been submitted that: (i) The suicide note which was recovered under a mahazar by the jurisdictional police had also been uploaded by the deceased from his Facebook account; (ii) The suicide note was submitted to the Forensic Science Laboratory for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for quashing Under Section 482 (which was being considered) and a criminal trial or an appeal against a conviction on a charge Under Section 306. The Single Judge has transgressed the limits of the jurisdiction Under Section 482 of the Code of Criminal Procedure. The judgment is replete with hypothesis and surmises on the basis of which the Single Judge has reached an inference on facts. The Single Judge has tested the veracity of the allegations in the criminal complaint and in the suicide note left behind by the deceased without having the benefit of an evidentiary record which would be collected during the trial. At the stage when the High Court considers a petition for quashing Under Section 482 of the Code of Criminal Procedure, the test to be applied is whether the allegations in the complaint as they stand, without adding or detracting from the complaint, prima facie establish the ingredients of the offence alleged. At this stage, the High Court cannot test the veracity of the allegations nor for that matter can it proceed in the manner that a judge conducting a trial would, on the basis of the evidence collected during the course of trial. The High Court in the present ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on as a court of appeal or revision. Inherent jurisdiction under the Section though wide has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the Section itself. It is to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone courts exist. Authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent abuse. It would be an abuse of process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercise of the powers court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the report, the court may examine the question of fact. When a report is sought to be quashed, it is permissible to look into the materials to assess what the report has alleged and whether any offence is made out even if the allegations are accepte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers Under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the Accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated Under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the Accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng or the intentional doing of that thing by an act or illegal omission. In Ramesh Kumar v. State of Chhattisgarh (2001) 9 SCC 618, a three-judge Bench of this Court, speaking through Justice RC Lahoti (as the learned Chief Justice then was), observed: 20. Instigation is to goad, urge forward, provoke, incite or encourage to do an act . To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out. The present one is not a case where the Accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation. 24. A two judge Bench of this Court in Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi) (2009) 16 SCC 605, speaking through Justice DK Jain, observed: 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th Kondiba Khandke v. State of Maharashtra (2018) 7 SCC 781, M. Arjunan v. The State (Represented By Its Inspector of Police) (2019) 3 SCC 315, Ude Singh v. State of Haryana (2019) 17 SCC 301, Rajesh @ Sarkari v. The State of Haryana (2020) 15 SCC 359 and Gurcharan Singh v. The State of Punjab (2020) 10 SCC 200. These decisions have been recently referred to in the judgment of this Court in Arnab Manoranjan Goswami v. State of Maharashtra (2021) 2 SCC 427). 25. While adjudicating on an application Under Section 482 Code of Criminal Procedure, the High Court in the present case travelled far away from the parameters for the exercise of the jurisdiction. Essentially, the task before the High Court was to determine whether the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety did or did not prima facie constitute an offence or make out a case against the Accused. 26. Instead of applying this settled principle, the High Court has proceeded to analyze from its own perspective the veracity of the allegations. It must be emphasized that this is not a case where the High Court has arrived at a conclu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ouble and hence, he is consuming poison and that the Petitioner and his driver alone are responsible. For a person, who has detailed 20 transactions, it can be prudently expected of such a person to give details of the threat. 33. In the next unnumbered paragraph, a totally different story/note is set out as a reason for the Petitioner threatening the deceased. In the unnumbered paragraph, he states that there was shortage in the cash to the tune of Rs. 8 lakhs and that the Petitioner suspected him as being responsible for the same and hence, threatened him that if the deceased did not repay said Rs. 8 lakhs, he would have the deceased killed at the hands of rowdies. Thereafter, in the next sentence he states that in view of the same, he has decided to consume poison and that the Petitioner and his driver are responsible for the same. 34. In paragraph No. 20, the deceased holds the Petitioner responsible for withholding the salary for the last three months. The other paragraphs including paragraph No. 20 detail the properties said to have been amassed by the Petitioner and other illegal transactions. After having perused and scrutinized the death note, a query was put to the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent with the Petitioner was true, then the Police Commissionerate was only a stone's throw away. It is not that the deceased was a weakling. The deceased by profession, is a driver. A profession where, accidents causing loss of life and limb are a daily occurrence and every driver is aware that he could be involved in an accident at any time. 43. His act of attending a relatives marriage in a different town and his interacting with friends and relatives are all actions of a normal person and not of a person under severe duress. The contention that this criminal case would jeopardize his career progression also cannot be brushed aside. It is also not forthcoming as to how he sourced the poison. 29. The Single Judge has termed a person who decided to commit suicide a 'weakling' and has also made observations on how the behavior of the deceased before he committed suicide was not that of a person who is depressed and suffering from mental health issues. Behavioural scientists have initiated the discourse on the heterogeneity of every individual and have challenged the traditional notion of 'all humans behave alike'. Individual personality differences manifest as a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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