Scope of Writ Jurisdiction Under Article 226 of the Constitution of India is Much Larger Than the Scope of Section 438 Cr.P.C:Allahabad High Court

Judiciary Dec 24, 2020 Dev Kumar Patel ( Editor: Ekta Joshi ) 34 Shares

The High Court of Allahabad held that for constituting an offence of abetment of suicide under Section 306 Indian Penal Code, 1860 there must be a proof of direct or indirect act of incitement leading to commission of suicide.

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The petition was brought up before Allahabad high Court against the impugned F.I.R. lodged under Sections 147, 323, 504, 506 and 306 I.P.C., Police Station Bakshi Ka Talaab, District Lucknow.

Petitioner Contention:

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Learned Counsel appearing for petitioner contended that:

The petitioner is the sister of the wife of the deceased i.e. his sisterin-law and has been living a married life separately in Sitapur.
That perusal of the recital made in the impugned F.I.R., in fact the case under Section 306 I.P.C. is not made out inasmuch as that except general allegation of harassment against the petitioner, there is no specific mention of any act direct or indirect of inciting the deceased to commit suicide.
For petitioner it was further submitted that in connecting matter co-accused already granted bail by a Division Bench of this court

Respondent Contention:

Per Contra, Learned Counsel for Complainant vehemently opposed the submission of petitioner as follows:

That There are allegations against the petitioner and other family members and it is on account of the harassment meted out to the deceased that he committed suicide
That the F.I.R. clearly discloses the commission of offence under Section 306 I.P.C, 1860.
He further added that anticipatory bail moved by the petitioner has been rejected by this Court

Learned A.G.A. also opposed the prayer made in the petition.

Court Findings:

The single bench headed by Justice Saroj Yadav observed that to make out an offence under Section 306 I.P.C., mere allegation or assertion regarding harassment of the deceased does not suffice.

The court further addedthat In fact for constituting an offence of abetment of sucide under Section 306 I.P.C. there must be a proof of direct or indirect act of incitement leading to commission of suicide.

As regards to F.I.R the court observed that the Petitioner who is the sister-in-law of the deceased, prima facie, it does not appear that it contains any assertion or allegation regarding any direct or indirect act of inciting the deceased to commit suicide.

While directing petitioner shall not be arrested till the next date of listing, in connection with impugned F.I.R the bench pointed out that scope of writ jurisdiction under Article 226 of the Constitution of India is much larger than the scope of Section 438Cr.P.C.

However the court directed the petitioner to cooperate with the investigation.

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