Lakshmi v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.11.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.25708 of 2018 and CRL.M.P.No.14682 of 2018 Lakshmi .. Petitioner Vs 1.The Inspector of Police, Latheri Police Station, Vellroe District.

2.Jayanthi .. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying call for the records in pursuant to Crime No.186 of 2018 on the file of the 1st respondent and quash the same.

For Petitioner : Mr.S.Raja Ravi Varma For 1st Respondent : Mrs.M.Prabavathi, APP

O R D E R

The deceased Jenifer was working as a Staff Nurse in Christian Medical College, Vellore and that, on 27.07.2018, when she went to work, it is stated that her colleague Lakshmi questioned her for not attending to the requirements of some patients, who had complained about Jenifer. Unable to withstand the questioning, Jenifer is said to have committed to suicide by hanging. On the complaint lodged by Jayanthi, mother of the deceased Jenifer, the respondent Police have registered a case in Crime No.186 of 2018 on 27.07.2018 under Section 306 IPC against Lakshmi, for quashing which, this petition has been filed.

2.Heard Mr.Sathish Kumar, learned counsel for the petitioner and the learned Additional Public Prosecutor. 3.Mr.Sathish Kumar submitted that the accused had not done any Act within the meaning of Section 107 IPC for abetting the suicide of Jenifer and that, in the course of her official duties, she had only questioned Jenifer, since there were complaints from patients that Jenifer did not attend to them.

4.Though, there is sufficient force in the submission of the learned counsel for the petitioner, yet, the FIR cannot be quashed at the threshold, especially, when the investigation https://hcservices.ecourts.gov.in/hcservices/

is at the stage of infancy. Hence, this petition is closed with a direction to the Deputy Superintendent of Police, Katpadi Sub Division to monitor the investigation in Latheri Police Station Crime No.186 of 2018 and if it is found during investigation, that the accused had not commit any overt act within the meaning of Section 107 IPC, it is needless to state that further action against the accused should be dropped. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar dua/gya To 1.The Deputy Superintendent of Police, Katpadi Sub Division, Vellore District.

2.The Inspector of Police, Latheri Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S. Rajaravivarma, Advocate Sr.20715 CRL.OP.No.25708 of 2018 (CS-IX) EU(13/11/2018) https://hcservices.ecourts.gov.in/hcservices/