# Shyam Lal Rajput & Ors v. State of U.P. & Anr

- **Citation:** (2019) 3 ILRA 119
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2019-07-18
- **Case number:** U/S 482 No. 27412 of 2019
- **Bench:** Karuna Nand Bajpayee
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/shyam-lal-rajput-ors-v-state-of-u-p-anr-44643
- **Pages:** 6

## Headnote

A. Criminal Law -Criminal Procedure
Code, 1973 - Section 482 - Scope -
Suicide Note- The genuineness of the
suicide
note
can
only
be
finally
120 INDIAN LAW REPORTS ALLAHABAD SERIES
adjudicated upon and decided at the
trial. High Court cannot examine such
issue under section 482 Cr.P.C.

The suicide note is admissible and relevant
under Section 32 of Indian Evidence Act as the
same relates to the cause of death and also to
the circumstances of the transaction which
resulted in his death- Like any other fact the
instigation or the abetment is also provable by
circumstantial evidence and it cannot be said
either as a matter of rule of law or even of
prudence that unless there is direct evidence
of instigation available the charge will remain
unproved-Only a prima facie satisfaction of the
court about the existence of sufficient ground
to proceed in the matter is required.

B. Delay in lodging of the F.I.R. - May also
be reckoned as a strong circumstance to
suggest that the first informant never had
any motive to falsely implicate the accused
and he reported the facts as they emerged
and came to his knowledge in the process
of time gradually-The perusal of the F.I.R.
and
the
material
collected
by
the
Investigating Officer and specially the
suicide note of the deceased on the basis of
which the charge sheet has been submitted
makes out a prima facie case against the
accused at this stage and there appear to
be sufficient ground for proceeding against
the accused. (Para 5, 9, 10 11)

Application u/s 482 Cr.P.C rejected (E-3)

List of cases cited:-

## Text

3 All. Shyam Lal Rajput & Ors.Vs. State of U.P. & Anr.
119
except under an order of a Magistrate
within the purview of Section 155(2) of
the Code.

(3) where the uncontroverted
allegations made in the FIR or complaint
and the evidence collected in support of
the same do not disclose the commission
of any offence and make out a case
against the accused.

(4) where the allegations in the
FIR do not constitute a cognizable offence
but constitute only a non-cognizable
offence, no investigation is permitted by a
police officer without an order of a
Magistrate as contemplated under Section
155(2) of the Code.

(5) where the allegations made
in the FIR or complaint are so absurd and
inherently improbable on the basis of
which no prudent person can ever reach a
just conclusion that there is sufficient
ground
for
proceeding
against
the
accused.

(6) where there is an express
legal bar engrafted in any of the
provisions of the Code or the concerned
Act (under which a criminal proceeding is
instituted)
to
the
institution
and
continuance of the proceedings and/or
where there is a specific provision in the
Code or the concerned Act, providing
efficacious redress for the grievance of
the aggrieved party.

(7) where a criminal proceeding
is manifestly attended with mala fide
and/or
where
the
proceeding
is
maliciously instituted with an ulterior
motive for wreaking vengeance on the
accused and with a view to spite him due
to private and personal grudge."

8. In the considered view of this
Court this matter falls in category no.(7)
mentioned hereinabove. This Court finds
reason to hold that the proceedings in
question are inspired by malice or the part
of complainant and the version contained
therein is full of high improbabilities and
the continuation of the proceedings on
that basis is likely to result in abuse of
court's process, and therefore, the entire
proceeding of complaint in question is
liable to be quashed.

9. In this view of the matter this
application is allowed and the entire
proceeding of complaint in question
against
the
accused-applicants
stand
quashed.

10. A copy of this order be certified
to the lower court concerned forthwith.
----------
(2019)11ILR A119

ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 18.07.2019

BEFORE
THE HON'BLE KARUNA NAND BAJPAYEE, J.

U/S 482 No. 27412 of 2019

Shyam Lal Rajput & Ors. ...Applicants
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Applicants:
Sri Samit Gopal, Sri Shakti Shanker
Tiwari, Sri Subhash Chandra Tiwari

Counsel for the Opposite Parties:
A.G.A.

A. Criminal Law -Criminal Procedure
Code, 1973 - Section 482 - Scope -
Suicide Note- The genuineness of the
suicide
note
can
only
be
finally
120 INDIAN LAW REPORTS ALLAHABAD SERIES
adjudicated upon and decided at the
trial. High Court cannot examine such
issue under section 482 Cr.P.C.

The suicide note is admissible and relevant
under Section 32 of Indian Evidence Act as the
same relates to the cause of death and also to
the circumstances of the transaction which
resulted in his death- Like any other fact the
instigation or the abetment is also provable by
circumstantial evidence and it cannot be said
either as a matter of rule of law or even of
prudence that unless there is direct evidence
of instigation available the charge will remain
unproved-Only a prima facie satisfaction of the
court about the existence of sufficient ground
to proceed in the matter is required.

B. Delay in lodging of the F.I.R. - May also
be reckoned as a strong circumstance to
suggest that the first informant never had
any motive to falsely implicate the accused
and he reported the facts as they emerged
and came to his knowledge in the process
of time gradually-The perusal of the F.I.R.
and
the
material
collected
by
the
Investigating Officer and specially the
suicide note of the deceased on the basis of
which the charge sheet has been submitted
makes out a prima facie case against the
accused at this stage and there appear to
be sufficient ground for proceeding against
the accused. (Para 5, 9, 10 11)

Application u/s 482 Cr.P.C rejected (E-3)

List of cases cited:-

1. Chandra Deo Singh Vs Prokash Chandra
Bose AIR (1963) SC 1430

2. Vadilal Panchal Vs Dattatraya Dulaji
Ghadigaonker AIR (1960) SC 1113

3. Smt. Nagawwa Vs Veeranna Shivalingappa
Konjalgi (1976) 3 SCC 736

4. R.P. Kapur Vs St. of Punjab AIR (1960) SC 866

5. St. of Haryana Vs Bhajan Lal (1992)
SCC(Cr.) 426
6. Smt. Nagawwa Vs Veeranna Shivalingappa
Konjalgi (1976) 3 SCC 736
(Delivered by Hon'ble Karuna Nand
Bajpayee, J.)

1. This application u/s 482 Cr.P.C.
has been filed seeking the quashing of
charge sheet dated 25.07.2018 as well as
the entire proceedings of Case No.45169
of 2018 (State vs. Shyam Lal and others)
arising out of Case Crime No.411 of
2018, u/s 306, 406 I.P.C., pending in the
Court of A.C.M.M.-II, Kanpur Nagar.

2. Heard applicants' counsel and
learned A.G.A.

3. Entire record has been perused.

4. Submission of learned counsel for
the applicants is that the date of incident
of the present case when it took place was
29.3.2018 whereas the F.I.R. has been
lodged on 10.4.2018 i.e. after 12 days of
the incident which is suggestive of
manipulation and fabrication on the part
of the prosecution. Further submission is
that the alleged suicide notes appear to
have been manipulated by the first
informant so as to falsely implicate the
applicants. It was also submitted that
there is no direct evidence on record to
prove instigation or abetment made by the
applicants on the basis of which it may be
said that the death of the deceased
directly owes its genesis to or has nexus
with any such conscious culpable act
committed by accused which may be
tantamount to abetment. Therefore, the
offence punishable under Section 306
I.P.C. is not made out against the
applicants. Certain other contentions have
also beeen raised by the applicants'
counsel but all of them relate to disputed
3 All. Shyam Lal Rajput & Ors.Vs. State of U.P. & Anr.
121
questions of fact. The court has also been
called upon to adjudge the testimonial
worth of prosecution evidence and
evaluate the same on the basis of various
intricacies of factual details which have
been touched upon by the learned
counsel. The veracity and credibility of
material furnished on behalf of the
prosecution has been questioned and false
implication has been pleaded. Contention
is that the charge-sheet and consequent
proceedings should therefore be quashed.

5. The law regarding sufficiency of
material
which
may
justify
the
summoning of accused and also the
court's decision to proceed against him in
a given case is well settled. The court has
to eschew itself from embarking upon a
roving enquiry into the last details of the
case. It is also not advisable to adjudge
whether the case shall ultimately end in
conviction or not. Only a prima facie
satisfaction of the court about the
existence of sufficient ground to proceed
in the matter is required.

6. Through a catena of decisions
given by Hon'ble Apex Court this legal
aspect has been expatiated upon at length
and the law that has evolved over a period
of several decades is too well settled. The
cases of (1) Chandra Deo Singh Vs.
Prokash Chandra Bose AIR 1963 SC
1430
,
(2)
Vadilal
Panchal
Vs.
Dattatraya Dulaji Ghadigaonker AIR
1960 SC 1113 and (3) Smt. Nagawwa Vs.
Veeranna Shivalingappa Konjalgi 1976
3 SCC 736 may be usefully referred to in
this regard.

7. The Apex Court decisions given
in the case of R.P. Kapur Vs. State of
Punjab AIR 1960 SC 866 and in the case
of State of Haryana Vs. Bhajan Lal
1992 SCC(Cr.) 426 have also recognized
certain categories by way of illustration
which may justify the quashing of a
complaint or charge sheet. Some of them
are akin to the illustrative examples given
in the above referred case of Smt.
Nagawwa Vs. Veeranna Shivalingappa
Konjalgi 1976 3 SCC 736. The cases
where the allegations made against the
accused or the evidence collected by the
Investigating Officer do not constitute
any offence or where the allegations are
absurd
or
extremely
improbable
impossible
to
believe
or
where
prosecution is legally barred or where
criminal proceeding is malicious and
malafide instituted with ulterior motive of
grudge and vengeance alone may be the
fit cases for the High Court in which the
criminal proceedings may be quashed.
Hon'ble Apex Court in Bhajan Lal's case
has recognized certain categories in
which Section-482 of Cr.P.C. or Article226
of
the
Constitution
may
be
successfully invoked.

8. Illumined by the case law referred
to herein above, this Court has adverted to
the entire record of the case.

9. A perusal of the record shows that
on 30.3.2018 the first informant had given
a written information at P.S. Kalyanpur,
Kanpur Nagar that his son namely Ram
Kishore had committed suicide. This
information was duly entered into the
concerned police station as G.D. No. 30
dated 30.3.2018 at 10:12 hours. Later on,
the opposite party no. 2 had moved an
application at the concerned police station
on 10.4.2018 with the allegation that
while cleaning the room of the deceased
Ram Kishore he had got a suicide note of
the deceased in which the deceased
himself had narrated the reasons for
122 INDIAN LAW REPORTS ALLAHABAD SERIES
committing suicide. In the said suicide
notes the deceased had narrated the
details of atrocious trauma inflicted upon
him by the present applicants which
compelled him to commit suicide. On the
aforesaid application of the opposite party
no. 2 an F.I.R. being Case Crime No. 411
of 2018 was lodged against the applicants
for
the
offences
punishable
under
Sections 306, 406 I.P.C. The investigating
officer investigated the present case and
after recording the statement of several
witnesses as well as after going through
the suicide notes written by the deceased,
submitted
charge
sheet
against
the
applicants for the offences punishable
under Sections 306, 406 I.P.C. A
supplementary affidavit has been filed by
the applicants annexing therewith the
copies of suicide notes which the
prosecution alleges to have been written
by the deceased himself. A perusal of the
these suicide notes which runs in several
parts and several pages show that the
applicants
were
continuously
blackmailing the deceased, due to which
he was compelled to commit suicide. One
of the suicide notes which appears to be
dated 29.3.2018 finds endorsement by the
deceased which has been mailed to PMO.
Another application which is addressed to
the Chief Minister of U.P. wherein it has
been written by the deceased that he is
going to commit suicide and it was the
applicants who were responsible for the
same. The detailed allegations as well as
complete
narration
of
facts
which
compellingly drove the deceased to
commit suicide has been mentioned in the
suicide notes which runs from page no. 28
to 35 of the supplementary affidavit. It
has been mentioned in the suicide notes
that when the deceased was a student of
B.Tech. Ist year the applicant no.1 asked
him to give tuition to her child. Thereafter
the applicant no.1 purposely introduced
her own sister and had given proposal for
marriage with the deceased. Later on the
applicants facilitated the deceased to enter
into relationship with the sister of the
applicant no. 1 namely Pooja. It further
transpires from the overall reading of the
suicide note that the relationship of the
deceased with the aforesaid Pooja was
made by the accused a clever contrivance
to exploit the deceased emotionally and
economically both. By illusing the
relationship as a blackmailing tool the
process of squeezing out money from the
deceased was engineered by the accused.
The accused claimed to be in possession
of some objectionable photographs of the
deceased with aforesaid Pooja and he
having been put under the sting of such
blackmail, was asked to cough up more
and more money. Even half of the share
of some land was also demanded and it
also appears from the suicide note that
roughly about Rs. 1,84,000/- were also
extracted out from the deceased over a
period of time. It also appears that the
deceased having been put under the
mortifying fear of infamy, humiliating
social exposure and the loss of honour
was compelled to give Rs. 3,000/- per
month to the accused on insistent demand
of the accused. But the rapacity of the
accused still did not get satiated and they
started demanding further more. An
amount of Rs.5000/- per month was
further pressed for. The suicide note also
reveals that the applicant no. 1 was in
fact, cousin of the deceased whereas the
applicant no.2 is the wife of the applicant
no.1 and the applicant no.3 is the fatherin-law of the applicant no.1. The perusal
of the suicide note would further reveal
that the deceased had been so much
mentally tortured by the applicants which
compelled the beleaguered deceased to
3 All. Shyam Lal Rajput & Ors.Vs. State of U.P. & Anr.
123
think that he was not having any other
choice but to commit suicide and
eventually
after
facing
incessant
emotional trauma and blackmailing which
continued for 2 to 3 years by the
applicants,
the
deceased
committed
suicide. The suicide note contains some
very pathetic description about the mental
agonising ordeal through which the
deceased underwent and which was
caused and inflicted upon him by the
calculated overt acts of blackmail by the
accused. So far as the delay in lodging of
the F.I.R. is concerned, it is clear that as
soon as the first informant got the suicide
note of the deceased, he at once
approached the police station and got
registered the present F.I.R. In fact the
said delay in lodging the F.I.R. may also
be reckoned as a strong circumstance to
suggest that the first informant never had
any motive to falsely implicate the
accused and he reported the facts as they
emerged and came to his knowledge in
the process of time gradually. The
genuineness of the suicide note upon
which the prosecution is claiming reliance
can only be finally adjudicated upon and
decided in the trial. Apparently the
suicide note is admissible and relevant
under Section 32 of Indian Evidence Act
as the same relates to the cause of death
and also to the circumstances of the
transaction which resulted in his death.

10. So far as the submission of
counsel with regard to non-availability of
any direct evidence to prove instigation or
abetment done by the applicants is
concerned, it may be observed that it
depends upon the facts of each case and
the court has to proceed to see whether
the ingredients of charge are actually
made out or not. There may be cases
where we may find direct evidence of
instigation resulting in the commission of
suicide. But there may be cases where we
may find enough circumstances to show
that the mental harassment to which the
deceased was subjected was a calculated
one and was so sustained and intense that
the same was so very likely to drive a
man of normal sensitivities to commit
suicide. Like any other fact the instigation
or the abetment is also provable by
circumstantial evidence and it cannot be
said either as a matter of rule of law or
even of prudence that unless there is
direct evidence of instigation available
the charge will remain unproved. We find
in the present matter that there is a
sustained history of mental harassment to
which the deceased was subjected and for
the perpetration of which the accused
were responsible. Whether ultimately the
charge shall stand proved or not is quite a
different matter and the eventual verdict
has to be arrived at through the evaluation
of evidence by a full fledged trial.
Whether the conviction will be upheld or
not is also to be seen at the time of final
adjudication on the point of guilt or
innocence of the accused. But for the
purposes of evaluating the sufficiency of
material
which
may
justify
the
summoning of applicants and call him
upon to face the trial this Court finds
enough material from the suicide note
itself which reveals that the deceased was
pushed to the wall by the accused and was
constantly being kept at tenterhooks and
was incessantly being blackmailed and
harassed to the extent that he found no
other way than to put an end to the
journey of his life. It also does not appear
to be a case in which it may be said that
the act of suicide committed by the
deceased was an act of disproportionately
abnormal or ultra sensitive person.
Normally, we do not come across a
124 INDIAN LAW REPORTS ALLAHABAD SERIES
suicide note with such profusely elaborate
details. The entire emotional catharsis has
been vented out in the last words which
were penned out by the deceased and
which are in the nature of a tell-tale story.
How he got trapped in the situation and
how
the
accused
were
constantly
subjecting
him
to
a
blackmailing
emotional torture, the narration of the
suicide notes furnishes all such material
and this Court finds that the accused must
face trial and be called upon to answer the
charge. Submission of charge sheet in a
matter like this cannot be said to be
unjustified therefore. This certainly does
not appear to be a case in which the venue
of judicial probe should be shutdown and
foreclosed or where this Court should feel
inclined to scuttle the prosecution of the
accused at the very threshold even before
it sets on. Whether such kind of highly
immoral
and
culpably
incriminating
conduct of the accused was in ordinary
circumstances sufficient to drive a man of
normal sensitivities and self respect to
commit suicide and thereby amount to
instigation and abetment or not, may be
adequately adjudicated upon only through
a proper trial and finding in that regard
must be returned by the trial court which
possesses
primary
jurisdiction
to
pronounce judicially on these aspects of
the case.

11. The submissions made by the
applicants' learned counsel call for
adjudication on pure questions of fact
which may be adequately adjudicated
upon only by the trial court and while
doing so even the submissions made on
points of law can also be more
appropriately gone into by the trial court
in this case. This Court does not deem it
proper, and therefore cannot be persuaded
to have a pre-trial before the actual trial
begins. A more elaborate discussion of
various facts and circumstances, as they
emerge from the allegations made against
the accused, is being purposely avoided
by the Court for the reason, lest the same
might cause any prejudice to either side
during trial. But it shall suffice to observe
that the perusal of the F.I.R. and the
material collected by the Investigating
Officer and specially the suicide note of
the deceased on the basis of which the
charge sheet has been submitted makes
out a prima facie case against the accused
at this stage and there appear to be
sufficient ground for proceeding against
the accused. I do not find any justification
to quash the charge sheet or the
proceedings against the applicants arising
out of them as the case does not fall in
any of the categories recognized by the
Apex Court which may justify their
quashing.

12. The prayer for quashing the
same is refused as I do not see any abuse
of the court's process either.

13. The application therefore stands
dismissed.
----------
(2019)11ILR A124

ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 02.08.2019

BEFORE
THE HON'BLEKARUNA NAND BAJPAYEE, J.

Criminal Misc. Application No. 29058 of 2019
u/s 482 Cr.P.C.

Rajesh Malik & Anr. ...Applicants
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel
for
the
Applicants: