‘Fishing & Roving Inquiry’ On Plausible Defence Not Acceptable At Revisional Stage: Calcutta HC Refuses To Quash Abetment Of Suicide Case

The Calcutta High Court has refused to quash criminal proceedings against the petitioner, who along with 4 other accused, was charged with offence of abetment of suicide under Section 306 IPC, based on a complaint filed by the opposite party no 2, accusing them of causing “severe mental trauma” to her husband, leading to him taking his own life.

In directing for the matter to proceed towards trial, a single-bench of Justice Subhendu Samanta held,

On perusal of the case diary, it appears that police has collected sufficient materials during the course of investigation. This revisional court has no power to determine the correctness, validity and probative value of the evidences collected by the I.O. during the course of investigation. This court is obliged in law to exercise jurisdiction u/s 482 Cr.P.C to quash a proceeding where there is no prima facie case. The fishing and roving inquiry regarding plausible defence is not acceptable at this stage. Thus, I am of a specific view that the instant criminal proceeding cannot be quashed at this stage.

It was submitted by the wife/opposite party no 2, that the petitioner along with four other accused, had been continuously harassing, threatening, and instigating her husband in public, private and over the phone, during the days leading up to him taking his own life in 2012.

It was submitted that prior to his death, the husband had conveyed to her that the accused had been harassing him, and that he was under severe mental trauma because of the same.

Counsel for the petitioner argued that he was completely innocent, and that he was not at all connected to the commission of the offence as alleged in the FIR, which was frivolous and had been filed to harass and intimidate him.

It was submitted that not only were the present proceedings coloured with mala fides, but that even the ingredients required to tantamount to the offence of abetment of suicide u/s 306 IPC as laid down by the Apex Court, had not been met.

Upon hearing the arguments of the parties, and in distinguishing the present case from the precedents being relied on by the petitioners, the Court held that it could not intervene at the present stage based on the sufficiency of evidence collected by the police, or question it’s probative value.

Accordingly, the revisional application was dismissed.

Coram: Justice Subhendu Samanta

Case: Rajiv Kumar Sing alias Chotu Sing v The State of West Bengal

Citation: 2023 LiveLaw (Cal) 265

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