HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10486 of 2010 ORDER: This Criminal Petition is filed by the petitioners-accused, under Section 482 Cr.P.C., seeking to quash the proceedings in P.R.C.No.52 of 2010 on the file of the IX Metropolitan Magistrate, Kukatpally, Cyberabad, for the offence punishable under Section 306 read with Section 34 of IPC. Briefly, the facts of the case are that the 2nd respondent-defacto complainant lodged a complaint dated 24.1.2010 with P.S. Kukatpally (Sho-C1), Cyberabad, alleging that a sum of Rs.95,000/- was missing from his house on 19.1.2010. Basing on the said complaint, the police registered Crime No.98 of 2010 under Section 174 of Cr.P.C. and later, at the request of the police, on 22.01.2010 the 2nd respondent took his nephew to the police station for examination and, after completion of examination, he was sent to his house. On 23.1.2010, the nephew of the 2nd respondent committed suicide by consuming some poison. Having completed the investigation, the Investigating Agency filed charge sheet before the IX Metropolitan Magistrate, Kukatpally, Cyberabad arraying the petitioners herein as accused for the offence punishable under Section 306 read with Section 34 of IPC. Heard and perused the record. The relevant portion of the charge sheet runs as follows: “On 23.01.2010 from 16.00 hours to 20.00 hours, the deceased had spent at the house of the accused persons A.1 and A.2 by consuming alcohol and later, the accused persons A.1 and A.2 harassed the deceased for money for meeting their financial needs. On that, the deceased might have come to the complainant’s home, where he was residing with the complainant, and taken an amount of Rs.95,000/- from the complainant’s house and might have given the said amount to accused persons A.1 and A.2. The accused A.1 and A.2 used to draw amounts of the deceased through his ATM card. As usual, on the date of funeral rites of the deceased also, the accused persons A.1 and A.2 have drawn amounts of the deceased through his ATM card. The accused persons A.1 and A.2 have encashed the innocence of the deceased and used him for their financial needs. On 23.01.2010 the deceased has spoken to the accused A.1 over mobile at Khaitalapur grounds where he was found vomiting by consuming some unknown poison. While he was being shifted to hospital, on the en route he died and thereby the accused persons A.1 and A.2 found committed an offence under Section 306 r/w 34 of IPC. It is evident from the record that on the evening of 22.01.2010, a day prior to the date of commission of suicide, the deceased was taken to the police station on the ground of his examination with regard to commission of theft, a sum of Rs.95,000/- in the house of the 2nd respondent and on the evening of the next day i.e., on 23.01.2010 the deceased committed suicide. The charge sheet reveals suspicion over the petitioners that they instigated the deceased to commit theft of Rs.95,000/-. Further, there is no evidence to show that any amount was recovered from the petitioners herein and, on a perusal of the entire complaint as well as the charge sheet, there is nothing to suggest that the petitioners committed an offence under Section 306 of IPC. Hence, this Court is of the view that the proceedings initiated against the petitioners are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings initiated against the petitioners in P.R.C.No.52 of 2010 on the file of the IX Metropolitan Magistrate, Kukatpally, Cyberabad, are hereby quashed, and consequently, the petitioners are acquitted of the charge leveled against them. Miscellaneous petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 13th September, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.10486 of 2010 (Allowed) 13th September, 2011 cbs