THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO.232 OF 2008. DATED: 23-12-2009. Between: 1.B.Vasudevaiah and another … Petitioners/A2 and A3 and 1.State of A.P. rep. by Public Prosecutor, High Court of A.P., Hyderabad and another … Respondents/Complainants THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO.232 OF 2008. ORDER: This Criminal Petition by the petitioners-A2 and A3 under Section 482 Cr.P.C. is filed to quash the proceedings in S.C.No.259 of 2007, on the file of the Additional Assistant Sessions Judge, Kurnool, registered of the offence punishable under Section 306 r/w 34 IPC. 2. It is alleged in the charge sheet that in the year 1998, deceased Sivaiah purchased a house of one Krishna Murthy, which is near to the house of the accused. There is an open space in front of their house and the deceased started construction of a room and he raised walls up to roof level. At that time, A1 picked up a quarrel with the deceased saying that the said site belongs to her. She also filed O.S.Nos.407 of 1998 and 82 of 2004 in Principal District Munsif Court, Kurnool. The deceased when started slab work of the roof, A1 to A3 objected the construction of the roof and A1 constructed a petty wall in the middle of the path existing in between both the houses. Due to construction of the wall, there is no passage for inmates of the complainant house as well as the tenants of the accused and it became difficult to cross the road. There were ill-feelings between the deceased, his wife and the accused. On 21-02-2006, when the deceased was crossing the wall to go to the press, A1 to A3 abused him saying “Neeku yenni atankamulu kaliginchina neeku sigguledu. Neevu yedaina teesukoni chanipote melu ani mariyu neevu magavanivikadu.” On that, the deceased felt insult over the behaviour of the accused and went to press. On the same day at about 15.00 hours in the printing press, the deceased took pesticide poison and fell unconscious. Then the deceased was shifted to Government Hospital, Kurnool and while undergoing treatment, he died on 27-02-2006 at about 15.35 hours. Hence, the charge. 3. Learned counsel appearing for the petitioners contended that in view of civil disputes between the parties, the petitioners were falsely implicated, that the entire allegations in the charge sheet if taken as true and correct, at this stage, do not make out prima facie case of offence punishable under Section 306 IPC and hence, he prays to quash the proceedings. 4. On the other hand, learned counsel appearing for the 2nd respondent contended that A1 to A3 instigated the deceased to commit suicide, that suicidal note was also seized by the police and hence, he prays to dismiss the petition. 5. Inherent powers under Section 482 Cr.P.C. can be exercised to give effect to the order passed under this Code or to prevent abuse of process of Court or to secure ends of justice. There cannot be any dispute that if the allegations in the charge sheet do not make out prima facie case of the offence alleged, then only question of quashing the proceedings arises. The allegation made in the charge sheet would go to show that A1 to A3 instigated the deceased to commit suicide. Similarly, suicide note was seized by the police near the dead body of the deceased and it was compared with the admitted handwriting of the deceased and found to be written by the deceased. This circumstance prima facie would clearly go to show that A1 to A3 instigated the deceased to commit suicide. Therefore, there are no grounds to quash the proceedings. 6. Accordingly, the Criminal Petition is dismissed. Observations, if any, made in this petition are only for the purpose of disposal of the present petition and uninfluenced by any of the observations, the trial Court shall proceed with the case in accordance with law. --------------------- K.C.BHANU, J DATED:23-12-2009 Hsd