HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7164 OF 2009 Dated : 13.08.2010 Between : G.Srinivas … Petitioner-A.5 A n d The State of A.P. & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7164 OF 2009 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-A.5 seeking to quash the proceedings in S.C.No.280 of 2009 on the file of the IV Additional Assistant Sessions Judge, (IV F.T.C.), Ranga Reddy, for the offence punishable under Section 306 of Indian Penal Code. The Prosecution case is that deceased, A.1 and A.5 are close friends. At the request of A.1, deceased obtained loan from Sri Ramalingeswara Finance and given the said amount to A.1. Accordingly, the deceased also took an Indica Car through a Finance Company and A.1 sold out the same but not cleared the amounts due to the Finance Company. Similarly deceased also taken amount from A.5 and given to A.1. A.1 avoided repayment of said amounts. As such, A.5 insisted the deceased to repay the amounts. On one day deceased went to the house of A.1 and demanded him to repay the amounts, upon which, A.1 and his family members i.e. A.2 to A.4 threatened the deceased to file a false complaint against him. Further, A.5 also insisted the deceased to repay the amounts. Having vexed with the attitude of A.1 to A.5, the deceased committed suicide on 08.04.2008 by hanging. Hence, the present case against A.1 to A.5. Heard. Learned counsel for the petitioner submitted that the charge sheet reveals two sets of allegations. First set of allegations is against A.1 to A.4 that they failed to return the loan amounts availed through the deceased. Aggrieved over the same and also due to the continuous threats of A.1 to A.4 the deceased committed suicide. Second set of allegations is against petitioner that he demanded the deceased to repay the loan amounts taken by him. The entire reading of the charge sheet and also the statements of the witnesses do not disclose any offence committed by A.5. The only allegation against the petitioner is that he asked the deceased to repay the amounts taken by him. From a perusal of the records, it is evident that A.5 had no role to play in the commission of offence and there is not even an element of offence committed by the petitioner herein. There are no allegations against the petitioner that he either threatened or induced the deceased to commit suicide. Considering the same, this Court is of the view that the present complaint is liable to be quashed. Accordingly, the Criminal Petition is allowed and the further proceedings in S.C.No.280 of 2009 on the file of the IV Additional Assistant Sessions Judge (IV F.T.C.), Ranga Reddy District, are hereby quashed only against the petitioner. ________________________ JUSTICE RAJA ELANGO Dated : 13.08.2010 sur