The High Court · 2025

Prosecutor, High Court, Hyderabad.

2. Chatla Sampath, S/o Odaiah, Aged about. 40 years,Occ. house hold R/o Bommanapalli (V),Chigurumamidi (M) Karimnagar Dist at present Adhrshnagar Chennur, Ph.9989734651 ...RESPONDENT/COMPLAINANTS Petition under Section 528 OF BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings of Charge Sheet against the Petitioners/Accused No. 1 and in criminal in proceedings in S.C.No.34 of 2024 on file of the Prl. Senior civil judge cum Assist sessions judge at l\/ancherial. l.A. NO: 1OF 2025 Petition under Section 528 OF BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the petitioners/accused No. 1 in S.C. No. 34 of 2024 on the file of the Prl. Senior civil judge cum Assistant Sessions Judge at Mancherial, pending disposal of the quash petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ANJAIAH KANDULA, Advocate for the Petitioner and SRI E GANESH, the Assistant Public Prosecutor for the Respondent No.'1 and none appeared for the Respondent No.2. The Court made the following: ORDER ''F{i-r-.tt::::;w THE HONOURABLE SRI JUSTICE E.V.V])NUGOPAL CRIMINAL PETITION No.5953 of 2O25 ORDER: The present criminal petition is filed unr,t r Section 528 of BNSS, seeking to quash the proceeding,r against the petitioner/accused No.1 in S.C.No.34 of 2O2t on the file of the learned Principal Senior Civil Judge r um-Assistalt Sessions Judge at Mancherial (for short, 'the tli il Court').

2. The brief facts of the case are that on 6.10.2023 at i 1:OO hours de facto complainant lodged a corr piaint stating that his wile Chatla Thirumaleshwari worl: rg as junior Lecturer at TSWRS/Girls, at Chennur for tl-t last 4 years and she rvas also additionally charged as fi.( ss in-charge On 15.1O.2O23, his wife phone called him artl told that her colleagues Principal Rajamani, ACT Sravalthi, PET Reshma, Shirisha and Pushpalatha are harassing her nentally. On

16.10.2023 at about 6:00 hours, he dropp,: I his wife at school and at about B:00 hours he phone call: i his wife but she did not respond. Later on, he phone call,: I her working school staff they replied that his wife did not c r me to school. When he again phone called his wife, some urr rrown person 2 liJted and told that the phone and bag was kept at Pedda Cheruvu, Chennur. Immediately at about 9:30 hours he along with his co-brother went there and found his wife body, later, they shifter her to CommunitSr Health Centre, Chennur, where the doctor declared that she was died. They checked her call recordings and in one of the recordings, she told her colleagues about the harassment of Principal Rajamani, ACT Sravanthi, PET Reshma, Shirisha and Pushpalatha. Hence, they are responsible for his wife's death. Therefore, he requested to take necessary action.

3. Basing on the said complaint, LW.17 - Sub Inspector of Police, Chennur has registered a case in Crime No.219 of 2023 under Sections 306 r/w 34 of the Indian Penal Code and took up the investigation. 4 . Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for respondent No.1 - State and perused the record.

5. Learned counsel appearing for the petitioner would submit that the present case is all about abetment of suicide - 3 through phone calls between the deceased ancl bhe petitioner but the prosecutron faiied to show the direct c,t indirect acts of incitement of the petitioner to commit s I icide by the deceased and to prove the intention of the petit )ner which is the essential ingredient under Section 306 of II) ), simply, the deceased made mere allegations of harassmer t against the petitioner without positive actions leading to c: nmit suicide, lacking of specific instalces leading to suic de does not constitute abetment. Hence, in the abser ce of Direct Abetment, mens rea and proximate cause, nt prima facie offence was made out. The petitioner never ac:ed in such a manner or intended to ca-11 the deceased to aid rr instigate or abet or harass the deceased to commit suicide t t aly point of time and in the absence of rnateria-l evidence, <:, ntinuation of proceedings against the petition is an abuse of .rrocess of law and hence seeks to quash the proceedings against the petitioner.

6. Learned counsel further submitted that .he petitioner has already {iied an application for d ir charge uide 4 Cri.M.P.No.26 of 2024 in S.C.No.34 of 2024 and it is pending for adjudication. 7 . Learned Assistalt Public Prosecutor appearing for respondent No.1 - State would submit that the truth could be elicited only upon conducting thorough trial and interference of this Court at this stage is unwarranted. Hence seeks to dismiss the present crimina-l petition.

8. Accordingly, this Criminal Petition is disposed o I leaving it open to the learned tria-l Court to decide the case on its own merits. However, the trial Court is directed to consider the discharge application fiIed by the petitioner uide Crl.M.P.No.26 of 2024 in S.C.No.34 of 2024 as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order. The appeararrce of the petitioner is dispensed with, subject to hling an allidavit stating that she will not dispute the proceedings conducted by her counsel in her absence. However, the petitioner shall appear before the learned Magistrate whenever her presence is specihcally required. In the event of the petitioner fail to 2z''" 5 appea-r as and rvhen directed by the Cour 1 this order dispensing wi1.h her appearance shall s1 t nd vacated automatically As a sequel, miscellaleous petitions, if a ry, pending, shall stand closed. sD . p.poNN; ,i*,rr"o AS{i STANT REGISTRAR G SECTION OFFICER //TRUE COPY/i To, , il,:?:ilSfjr,:t Senior civirjudge cum Assistant Session:; Judse at

2. The Station House Officer, Chennur police station, Marr herial. 3. One CC to SRt ANJATAH KANDULA Advocate tOpUCl t L-ffi3;1".[lS,,lf,PRosECUroR' High court ror the r tate or rerangana,

5. Two CD Copies GR,?SL HIGH COURT DATED:0710812025 ORDER CRLP.No.5953 of 2025 : ..- --\

0.1 -:t l;Ifi ' t'l :) .i: DISPOSING OF THE CRIMINAL PETTTII: N a fi)