Quashing A Prima Facie Case Evidencing Abatement To Suicide May Cause Miscarriage Of Justice: Calcutta HC

While considering a case alleging abatement of suicide of a minor girl (victim), the Calcutta High Court directed the Trial Judge to consider the prima facie materials on record at the time of consideration and framing of charge or at the relevant stage, in accordance with law.

A Single Judge Bench of Justice Shampa Dutt (Paul) observed that “The present case has to thus proceed towards trial to be decided in accordance with law as there is prima facie materials in this case against the petitioners to go to trial and quashing a case of such a nature will cause miscarriage of justice”.

Advocate Angshuman Chakraborty appeared for the Petitioner, whereas Advocate S. G. Mukerji appeared for the Respondent.

The brief facts of the case were that a police case under Sections 306/34 of IPC was registered based on written complaint made by one Tapan Mondal before the Inspector–in-Charge, alleging that when the complainant and his wife were not present in their house, the minor daughter of the complainant committed suicide due to mental and physical torture by the Petitioner (Amit Polley) and his mother for demand of money. After completion of investigation, charge-sheet was submitted and the Additional Sessions Judge framed charges for the offence punishable under Section 306 of IPC against the petitioner.

After considering the submission, the Bench found that there is prima facie material to the effect that the petitioner and the victim (minor) were in a relationship.

The Bench thereafter referred to the decision in case of Daxaben v. State of Gujarat & Ors. [Criminal Appeal No……of 2022], wherein it was held that “even an indirect act of incitement to the commission of suicide would constitute the offence of abetment of suicide under Section 306 of the IPC”.

“In the present case, it is prima facie on record that the victim was a minor on the date of incident (alleged suicide). Thus, the offence alleged prima facie has the ingredients required under Section 305 IPC, on record”, added the Bench.

Hence, the High Court dismissed the criminal revision.

Cause Title: Amit Polley v. State of West Bengal and Anr.

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