HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3113 OF 2009 Dated : 21.10.2010 Between : K.Srinivasa Rao & others … Petitioners-A.1 to A.3 a n d The State of A.P. & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3113 OF 2009 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioners-A.1 to A.3 seeking to quash the proceedings in P.R.C.No.2 of 2009 on the file of Special Judicial Magistrate of First Class for Prohibition & Excise Cases, Guntur, for the offence punishable under Section 306 of Indian Penal Code (for short ‘IPC’). Brief facts of the Prosecution case are that: The deceased Jonnalagadda Ajaykumar, who was studying Senior Intermediate in Nalanda College, committed suicide due to massive pressure of the College Management i.e. A.1 to A.3. It is also alleged that the accused are responsible for the suicidal death of the deceased at the tender age to achieve name and fame to their college without weighing the caliber of the student and bringing enormous pressure leading to frustration by the students and ultimately to commit suicide. Hence, the father of deceased lodged a written report before the Police, basing on which Police registered a case in crime No.22 of 2008 and after completion of investigation they filed charge sheet against the accused for the offence punishable under Section 306 IPC and the same is taken cognizance by the learned Magistrate in P.R.C.No.2 of 2009. Heard. On mere reading of the entire record and also the allegations made therein, there is no direct evidence to show that the petitioners are the persons who induced the deceased to commit suicide or forced him to commit suicide. Even in the charge sheet also it is stated that the deceased, who was at tender age, was massively pressurized by the College Management to prepare himself for the examination, due to which the deceased committed suicide. It is well settled principle and proposition of law that to attract an offence under Section 306 IPC there should be direct evidence, which should disclose that since because of such instigation and inducement, the deceased committed suicide as he has no other alternate except to commit suicide. In the present case, the petitioners being the Vice Principal and Lecturers of the College will be of the bounded duty to train the students and also to direct the students to prepare for the examination. Such due execution of work was misconstrued by a student and he committed suicide and it cannot be said that only because of the instigation or inducement of the accused, the deceased committed suicide. The entire perusal of the record does not disclose any offence as alleged by the Prosecution. Hence, the present complaint is liable to be quashed. Accordingly, the Criminal Petition is allowed and the further proceedings in P.R.C.No.2 of 2009 on the file of Special Judicial Magistrate of First Class for Prohibition & Excise Cases, Guntur, are hereby quashed. ________________________ JUSTICE RAJA ELANGO Dated : 21.10.2010 sur