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Sharad Darade Superintendent Of Police vs The State Of Maharashtra And Ors on 8 September, 2022
cites
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
Section 107 in The Indian Penal Code, 1860 [Entire Act]
Madan Mohan Singh vs State Of Gujarat & Anr on 17 August, 2010
21. Perusal of the said suicide note would
not reveal as to on what date the deceased
has written the suicide note. However, even
taking the allegations to be true at its
face value, the question would be as to
whether is it sufficient to book the
persons like applicants for the offence
punishable under Section 306 of the Indian
Penal Code. Perusal of the various
statements recorded of the employees
working under the deceased would show that
the deceased had never made any complaint
with regard to any of the applicants. No
doubt that there is a statement of one
Judicial Officer, who had friendly
relations with the deceased, that the
deceased was disturbed on account of he
being transferred to Darwha and not being
permitted to do up and down from Darwha and
on account of certain event that happened
in the workshop. The question would be as
to whether the fact of a person being
disturbed on account of official act done
by a superior would be sufficient to book
such a superior officer for the offence
punishable under Section 306 of the Indian
Penal Code or not. We find that the issue
is squarely answered by the Apex Court in
Umesh Malani Page 95 of 101
Judgment DNH.doc
Madan Mohan Singh's case cited supra.
(Emphasis supplied).
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Netai Dutta vs State Of West Bengal on 28 February, 2005
In the similar
circumstances, as reported in Netai Dutta
Vs. State of W.B. [2005 (2) SCC 659], this
Court had quashed the proceedings initiated
against the accused.
Section 389 in The Indian Penal Code, 1860 [Entire Act]
Mahendra Singh And Anr., Gayatribai vs State Of M.P. on 7 February, 1995
11. This Court, considering the definition
of 'abetment' under Section 107 I.P.C.,
found that the charge and conviction of the
appellant for an offence under Section 306
is not sustainable merely on the allegation
of harassment to the deceased. This Court
further held that neither of the
ingredients of abetment are attracted on
the statement of the deceased.