Decided on April 16,2012



- (1.) By means of this petition, a prayer has been made for quashing the summoning order dated 05.09.2007 and the entire proceedings of criminal case no. 1408 of 2007 titled as State Vs. Bishan Singh and another pending in the court of Chief Judicial Magistrate, Tehri Garhwal. The said order of cognizance has asked the applicants to stand trial for the offence under Section 306, 120-B IPC pertaining to crime no. 1 of 2006 Police Station Kothi, District Tehri Garhwal. Having heard the pros and cons of the case, it transpires that Bishan Singh (applicant no. 1) filed a complaint case no. 117 of 2006 against Badar Singh his own nephew with the allegation that latter attempted to commit rape upon his daughter Amita, aged about 17 years. The alleged act was stated to be of 02.06.2006 at about 12 - 12.30 p.m. in village Manogi, when complainant Bishan Singh was out of his house and his wife was also not present at home on account of agricultural work, Km. Amita was all alone in the house so Badar Singh allegedly entered into the house of Bishan Singh in inebriated state and began to molest Km. Amita. When she resisted, Badar Singh made a bid to escape from the house and ultimately, he could become successful in leaving the house. Meanwhile, the complainant was returning home with his mules. He heard screams of his daughter Km. Amita so he rushed to the spot. As accused Badar Singh noticed oncoming of complainant, he took to his heels from the spot. A complaint was filed by Bishan Singh against Badar Singh. Bishan Singh examined himself under Section 200 Cr.P.C. whereas Km. Amita and Vijay Singh were examined under Section 202 Cr.P.C. on dated 05.06.2006. Badar Singh eventually committed the suicide in the intervening night of 7 / 8 June, 2006. So on 16.06.2006 the impugned FIR was lodged by Bhagwat Singh real brother-in-law of Badar Singh against Bishan Singh, Vijay Singh and Km. Amita. His allegation was that due to lodging of the complaint against Badar Singh by Bishan Singh, he (Badar Singh) was so ashamed that he committed suicide by consuming some poisonous substance. It was alleged that filing of a complaint by Bishan Singh and the statement of Km. Amita nay Vijay Singh ratifying the contents of complaint in the court could not be tolerated by Badar Singh and resultantly, he committed suicide on account of utter shame, which he would have faced in the village.
(2.) The Patwari concerned made investigation in the matter and submitted charge sheet no. 2 of 2007 on 06.08.2007 for the offence under Section 306, 120-B IPC. Learned Magistrate took cognizance in the matter on 05.09.2007. It has been argued by learned counsel for the applicants that lodging of the complaint by Bishan Singh and ratification of the same by Km. Amita in the court could not by any stretch of imagination be attributed as an abetment of suicide by Badar Singh. Bishan Singh and Amita were aggrieved persons from the conduct of Badar Singh and it cannot be anticipated that Bishan Singh falsely implicated Badar Singh by raising allegation of attempt to rape upon his daughter Km. Amita.
(3.) Further Vijay Singh has been made accused because he simply presented himself under Section 202 Cr.P.C. to depose that he has advised Bishan Singh to lodge the report to the Patwari concerned for the alleged act of Badar Singh. This way the Court is fully convinced that the charge sheet against Bishan Singh and Vijay Singh has been filed by Patwari without any application of mind and the impugned cognizance order has been passed by the Magistrate without judging even prima facie evidence which were available on record, in order to make out a case under Section 306, 120-B IPC against the petitioners. In view of what has been stated above, the petition is allowed. Impugned charge sheet, summoning order dated 05.09.2007 and entire proceedings of criminal case no. 1408 of 2007 pending in the court of Chief Judicial Magistrate, Tehri Garhwal are hereby quashed.;

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