Indian Penal Code, 1860; Section 306 -Mere statement in suicide note that ‘ X will be responsible for his suicide’ would not be a ground at all to issue summons to X to face the trial for the offence under Section 306, IPC. (Para 24)
Code Of Criminal Procedure, 1973; Section 204, 482- A petition filed under Section 482, Cr.PC, for quashing an order summoning the accused is maintainable – while exercising the power to consider the legality of a summons issued by a Magistrate, certainly it is the duty of the Court to look into the question as to whether the learned Magistrate had applied his mind to form an opinion as to the existence of sufficient ground for proceeding further and in that regard to issue summons to face the trial for the offence concerned. In this context, we think it appropriate to state that one should understand that ‘taking cognizance’, empowered under Section 190, Cr.PC, and ‘issuing process’, empowered under Section 204, Cr.PC, are different and distinct. (Para 14)
Code Of Criminal Procedure, 1973; Section 204- Issuance of summons is a serious matter and, therefore, shall not be done mechanically and it shall be done only upon satisfaction on the ground for proceeding further in the matter against a person concerned based on the materials collected during the inquiry – sine qua non for exercise of the power under Section 204, Cr.PC, to issue process is the subjective satisfaction regarding the existence of sufficient ground for proceeding- while conducting an inquiry, the Magistrate could go into the merits of the evidence collected by the investigating agency to determine whether there are sufficient grounds for proceeding. (Para 9- 13)
Code Of Criminal Procedure, 1973; Section 173(2) – When a Final Report under Section 173 (2), Cr.PC, is filed before the Magistrate, which happens to be a negative report, usually called a “closure report”, he gets the following four choices to be adopted, taking into account the position obtained in the case concerned: (1) to accept the report and drop the Court proceedings (2) to direct further investigation to be made by the police (3) to investigate himself or refer for the investigation to be made by another Magistrate under Section 159, Cr.PC, (4) to take cognizance of the offence under Section 200, Cr.PC, as a private complaint when the materials are sufficient in his opinion and if the complainant is prepared for that course. (Para 8)
Indian Penal Code, 1860; Section 107,306 -In order to bring out an offence under Section 306, IPC specific abetment as contemplated by Section 107, IPC on the part of the accused with an intention to bring about the suicide of the person concerned as a result of that abetment is required. The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306, IPC – Referred to M Vijayakumar vs State Of Tamil Nadu 2024 INSC 177 – What matters in deciding the question whether there is ground for proceeding against a particular person and to issue summons to him to face the trial for the offence under Section 306, IPC is whether the complaint and the materials collected during the inquiry/investigation prima facie disclose mens rea on the part of the accused to bring about suicide of the victim. (Para 18-19)