Kota Kalyan Chakravarthi v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2936 of 2016 ORDER:

The Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner seeking to quash the proceedings in F.I.R.No.90 of 2016 on the file of the Satyanarayanapuram Police Station, Vijayawada, for the offences under Sections 498-A and 306 IPC read with Section 34 IPC. Heard and perused the material available on record. Learned counsel for the petitioners submits that the petitioners have not committed any offence and further, even according to the complaint, the allegations made against the petitioners do not attract the offences as alleged against them. Admittedly the deceased committed suicide by jumping from the running train.

On perusing the entire material including the complaint filed by the complainant does not disclose any offence as alleged against the petitioners herein, even though the petitioners are alleged to have induced the deceased to commit suicide. Hence, the proceedings initiated against the petitioners herein are liable to be quashed. The criminal petition is accordingly allowed and the proceedings in F.I.R.No.90 of 2016 on the file of the Satyanarayanapuram Police Station, Vijayawada, are hereby quashed and the petitioners are acquitted of the offences alleged against them.

The petitioners are directed to pay Rs.5,000/- (Rupees five thousand only) as costs to the Andhra Pradesh State Legal Services Authority. The Registry is directed to issue order copy only on production of the receipt of payment issued by the Andhra Pradesh State Legal Services Authority.

The Criminal Petition is accordingly allowed with costs. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 07.04.2016 pln