Prabhat Kumar Mishra @ Prabhat Mishra vs The State of U.P. & Anr.

Court

Supreme Court of India

Date

5 March 2024

Case No.

Criminal Appeal No.(s). 1397 of 2024

Result

Allowed

Bench

Bhushan Ramkrishna Gavai, Sandeep Mehta

Citation

[2024] 3 S.C.R. 157 : 2024 INSC 172

Acts & Sections

IPC Schedule Castes and the Schedule Tribes… CrPC

Issue for consideration

High Court, if justified in rejecting the application filed by the accused appellant u/s. 482 CrPC seeking quashing of proceeding of the criminal case registered against him u/s. 306 IPC and s. 3(2)(v) of the Schedule Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989.

Headnote

Penal Code, 1860 – ss. 306, 107 – Abetment of suicide – Allegations set out in the suicide note, if constitutes necessary ingredients of abetment to commit suicide – Suicide note by the victim-posted as Senior Clerk, that he was frustrated and bothered by the style of functioning of the appellant-District Saving Officer and of the Chief Development Officer and thus, was left with no option but to end his life, and was also bothered by the pressure of working in two districts – Criminal proceedings against the appellant for the offences punishable u/s. 306 and s. 3(2)(v) of the SC/ST Act – Application by the appellant u/s. 482 CrPC seeking quashing of proceedings – Rejected by the High Court – Justification:

Held: Prosecution of the appellant for the offence u/s.3(2)(v) of the SC/ST Act is ex facie illegal and unwarranted since from the admitted allegations of the prosecution, the necessary ingredients of the offence u/s.3(2)(v) of the SC/ST Act are not made out – Prosecution case is entirely based on the suicide note left behind by the victim before committing suicide – On a minute perusal of the suicide note, the contents thereof do not indicate any act or omission on the part of the appellant which could make him responsible for abetment as defined u/s. 107 – Suicide note clearly shows that the deceased was frustrated on account of work pressure and was apprehensive of various random factors unconnected to his official duties – Necessary ingredients of the offence of abetment to commit suicide are not made out from the chargesheet – Thus, allowing prosecution of the appellant is grossly illegal for the offences punishable u/s.306 and s.3(2)(v) of the SC/ST Act tantamounts to gross abuse of process to law – Also, investigating agency itself proposed a closure report in the matter after conducting thorough investigation – Thus, the impugned order passed by the High Court and all proceedings sought to be taken against the appellant in the criminal case pending, quashed and set aside. [Paras 16, 18, 22-25]

Judgment Mehta, J. 1. Leave granted. 2. This appeal is directed against the judgment dated 26th July, 2022 passed by the High Court of Judicature at Allahabad rejecting the Criminal Misc. Application No. 12691 of 2015 filed by the accused appellant herein under Section 482 of Court of Criminal Procedure, 1973(hereinafter being referred to as ‘CrPC’). 3. By way of the said application, the accused appellant sought quashing of proceeding of the Criminal Case No. 6476 of 2005 pending against him in the Court of learned Chief Judicial Magistrate, Farrukhabad for the offences punishable under S

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