IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 Crl.MC.No. 3508 of 2005(C) -------------------------- SC.140/2003 of ADDL.ASSISTANT SESSIONS COURT, PALAKKAD .................... PETITIONER(S): ACCUSED ----------------------------- RAJENDRAN.K., S/O.KUNJAN, THEKKUMPURAM, KAVILPAD P.O., PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENT(S): -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.MUHAMMED PUZHAKKARA. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.12835/2005 IN CRL.M.C.NO.3508/2005. ------- DISMISSED. 18/12/2009 SD/- A.K. BASHEER, JUDGE. A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. 3508 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2009. ORDER Petitioner who has been charge sheeted by the Police for the offence punishable under Section 306 of the Indian Penal Code has filed this petition under Section 482 of the Code of Criminal Procedure seeking to quash the above proceedings pending against him. 2. The gravamen of the charge against the petitioner appears to be that he had abetted commission of suicide by the deceased lady (one Shobika). According to the prosecution, the petitioner had allegedly persuaded Ms.Shobika to have sex with him on March 16, 2000. Petitioner had allegedly gone to the kitchen in the residence of Shobika and embraced and kissed her. Shobika's husband (Cw.2) happened to see the alleged incident. Thereafter on September 13, 2000 the girl committed suicide. According to the investigating agency, a few letters were recovered in the course of the investigation, which clearly indicated involvement of the petitioner in the crime. 3. Learned counsel for the petitioner has vehemently contended before me that there is absolutely no material to implicate the petitioner in the crime in question. Even assuming the petitioner had had illicit relationship with the deceased girl, it does not mean that he had in any way abetted commission of suicide. He further points out that the alleged incident in the kitchen had taken place in March 2000 whereas admittedly the girl had committed suicide in September 2000, more than six months thereafter. Crl.MC.3508/05 : 2 : 4. Learned counsel has invited my attention to the First Information Report which was admittedly lodged by the father of the girl. In the First Information Statement the father had specifically implicated the husband and his near relatives for the crime stating that the girl had committed suicide because of the mental and physical harassment. In the said statement the father had specifically alleged that the husband of the deceased girl had asked her to bring more money from her parents and, if not, to go and hang herself. My attention has been invited to a few decisions also in this connection. (Sanju v. State of M.P. (2002) 5 SCC 371, Cyriac v. S.I of Police (2005(3) KLT 673 etc). 5. Petitioner has produced only Annexure A copy of the charge sheet filed by the investigating officer before the court below. The final report or such other records have not been made available. It is true that petitioner has produced Annexure B which is stated to be a true copy of the application submitted by him before the trial court to furnish him certified copies of the letters allegedly recovered by the Police. The said application was returned by the court below with an endorsement that no such document is available. Learned counsel submits that the above factor will indicate that there is no material to connect the petitioner with the crime in question. 6. I have carefully considered the above contentions raised by the learned counsel. Undoubtedly there is some force in what the learned counsel would urge. But as mentioned earlier, petitioner has Crl.MC.3508/05 : 3 : not chosen to produce the copy of the final report or such other document for perusal. What he has produced is only Annexures A and B referred to above. In the absence of any material to substantiate the plea now raised by the petitioner, I am not satisfied that this Court should interfere and quash the proceedings invoking the power under Section 482 of the Code. Petitioner has to necessarily raise all his contentions before the trial court. It will be open to the petitioner to plead for discharge, in which event the court below shall take an appropriate decision on the said plea in accordance with law. I do not find any reason why the court below will not consider the entire aspects of the matter, if a plea for discharge is raised. Undoubtedly the court below will have the benefit of perusing the entire records. In any view of the matter, I do not find any reason to allow the prayer made in this petition. Crl.M.C is closed in the above terms. A.K. Basheer Judge. an.