- (1.) HEARD learned counsel appearing for the petitioner and the learned counsel for the State. This application has been filed for quashing of the entire criminal proceedings of Koderma (T) P.S.Case No. 171/2010, including the order dated 25/07/2012, passed by the then Additional Chief Judicial Magistrate, Koderma, whereby and whereunder cognizance of the offence punishable under Section 306 of the Indian Penal Code, has been taken against the petitioner.
(2.) MR . S.K.Murari, learned counsel appearing for the petitioner submits that one Nirupma Pathak when was found dead, a UD case was registered. When post mortem of the dead body was conducted ligature mark was found but it was not anti mortem rather it was post mortem and even the hyoid bone was not found fractured and, therefore, first information report was lodged against the mother of Nirupma Pathak and other unknown persons putting allegation that she has committed murder of her daughter. In course of investigation, it got transpired that Nirupma Pathak , who had been carrying pregnancy of three months had love affairs with the petitioner, who was residing at Delhi, and that she was being tortured by her mother. It further transpired that the petitioner and deceased were in touch with each other and were communicating to each other through SMS, whereby the petitioner was insisting upon the deceased to come to Delhi if she is being tortured at Koderma, and SMS sent by the petitioner had even been replied at several occasions by the deceased. In spite of that, charge sheet has been submitted against the petitioner though there has been no material on record to indicate that this petitioner, in any manner, abetted the deceased to commit suicide. Still, the Court has taken cognizance of the offence under Section 306 of the Indian Penal Code against this petitioner, which, in the facts and circumstances, is quite illegal. A counter affidavit has been filed on behalf of the State wherein in Paragraph 27, it has been stated as follows: "27. That in Para No. 124 and 125 of the case diary, there is C.D.R. of Mobile Phone of the deceased Nirupma Pathak and mobile phone of the petitioner - Priyabhanshu Ranjan. After perusal of C.D.R. of mobiles, it is apparent that there were communication of SMS on 27/4/2010 and 29/4/2010 several time between both of them and in the suicidal note also firstly the signature was made on 27/4/2010 and thereafter it was made on 29/4/2010 and from the statement, it is also apparent that there was train ticket available with the deceased for returning to Delhi on 28/4/2010. It was also clear that before her death she had SMS exchange expressing some hard decision to be taken by her. And the deceased stated about her last SMS that "TUM KOI STREM STEP MAT UTHANA MAI ANE KI KOSHISH KARUNGI MERI ANKITA SE BAT HUI HAI TUM APNE APKO KUCH MAT KARNA."
(3.) FROM perusal of this SMS, it seems that the deceased was pressurized by the petitioner for coming to Delhi and her mother and father did not give consent to go to Delhi and due to this the petitioner was giving threatening about his death if she did not come to Delhi for that she given him Nasihat to the petitioner not to take any stream step and when her parents did not give their consent for going to Delhi she committed suicide.";