P.Praveen v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 14/06/2023
CORAM
The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.7894 of 2023 and Crl.MP(MD)No.6897 of 2023 P.Praveen : Petitioner/Sole Accused Vs.
1.The State represented by The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District. : R1/Complainant 2.Amirthavalli : R2/De-facto Complainant PRAYER:- Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to call for the records pertaining to STC No.846 of 2022 on the file of the Judicial Magistrate Court, Pattukkottai and quash the same as far as this petitioner is concerned and pass such other or further orders.
For Petitioner : Mr.P.Praveen (Party-in-Person) For 1st Respondent : Mr.B.Nambiselvan Additional Public Prosecutor
O R D E R
This criminal original petition has been filed seeking quashment of the case in STC No.846 of 2022 on the file of the Judicial Magistrate Court, Pattukkottai. 2.The case of the prosecution in brief:- On 19/09/2020 at about 07.30 pm, near the Town Police Station, Pattukottai, the accused tried to commit suicide by self immolation. On the basis of the above said occurrence, FIR in Crime No.1759 of 2020 has been registered for the offence under section 309 IPC. After completing the investigation, charge sheet was filed and it was taken cognizance in STC No.846 of 2022 by the Judicial Magistrate, Pattukkottai.
3.Now seeking quashment of the same, this petition has been filed by the petitioner, who appeared as partyin-person. 4.Heard both sides.
5.The party-in-person has made some sort of submission with regard to his mental illness stating that he obtained loan from M/s.Sriram Transport Finance Company to purchase a Car and two wheeler, later, financial trouble arose. So, there was default in payment of loan. The above said company filed a complaint with the Inspector of Police, attached to Pattukottai Town Police Station and in that complaint, he was harassed, pressurized, abused and threatened. Because of the above said mental torture, he become mentally ill. He was admitted in the Pattukottai Government Hospital for treatment and he was found to be affected by 'BORDERLINE PERSONALITY DISORDER'. So, according to him, because of the above said pressure, which was made by the police, he made attempt to commit suicide. These are the factual grounds, upon which, the petitioner wants to quash the proceedings. But such sort of factual thing cannot be taken into account.
6.It is seen that the occurrence took place, on 19/09/2020. But the final report was filed much after the period of limitation namely 16/12/2022 and taken cognizance by the Judicial Magistrate. But the date of
taking cognizance is not mentioned. But the court seal shows that it was presented, on 16/12/2022.
7.Section 309 IPC reads as under:- "309.Attempt to commit suicide.- Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.
8.As per section 468 Cr.P.C, the maximum period prescribed for limitation is one year. Since, the final report has been filed beyond the period of limitation, automatically, taking cognizance itself is bad in law. 9.On that sole ground, this petition is liable to be allowed, without going into the other aspects, that have been made by the petitioner.
10.In the result, this criminal original petition is allowed. The case in STC No.846 of 2022 on the file of the Judicial Magistrate, Pattukottai is hereby quashed as against the petitioner.
Consequently, connected Miscellaneous Petition is closed.
14/06/2023 Index:Yes/No Internet:Yes/No er To, 1.The Judicial Magistrate, Pattukkottai.
2.The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
G.ILANGOVAN, J er Crl.OP(MD)No.7894 of 2023 14/06/2023