Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s. 306 – Appellant’s son and daughter-in-law were teachers in a school where the respondent was also ateacher – Respondent allegedly used to call on the mobile of theappellant’s daughter-in-law and harass her – Despite the efforts ofthe appellant’s son in trying to make the first respondent see reasonand stop calling his wife, the respondent continued calling herrepeatedly – Appellant’s son committed suicide – FIR filed againstthe respondent – Quashed – Propriety of – Held: There are definiteallegations that the respondent would keep on calling the wife ofthe victim on her mobile and keep harassing her – Allegations aresupported by the statements of the mother and the wife of the victimrecorded during investigation – 3-4 days prior to the suicide therewas an altercation between the victim and the respondent – In thelight of these facts, coupled with the fact that the suicide note madedefinite allegation against the respondent, the High Court was notjustified in entering into question whether the respondent had therequisite intention to aid or instigate or abate the commission ofsuicide at this stage when the investigation was yet to be completedand charge-sheet, if any, was yet to be filed – Order of the HighCourt set aside – Code of Criminal Procedure, 1973 – s.482. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2018 INSC 1117 |
Petitioner | Narayan Malhari Thorat |
Respondent | Vinayak Deorao Bhagat And Anr. |
SCR | [2018] 14 S.C.R. 232 |
Judgement Date | 2018-11-28 |
Case Number | 380 |
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