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Supreme Court of India 2018-11-28 allowed

Narayan Malhari Thorat vs Vinayak Deorao Bhagat and Anr

Bench: 2 — Uday Umesh Lalit

In Brief

A man's son-in-law, a schoolteacher, committed suicide after being harassed by a colleague who repeatedly called his wife. The police filed charges under Section 306 IPC (abetment to suicide). The accused's anticipatory bail was denied twice, but then the High Court quashed the entire FIR under Section 482 Cr.P.C., finding insufficient evidence of intent to abet the suicide. The Supreme Court reversed this decision, holding that when there are definite allegations of harassment supported by witness statements and the investigation is still pending, the High Court should not prematurely examine whether the requisite mental element exists. The Court set aside the High Court's quashing order and directed completion of the investigation."

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Criminal Law Abetment to Suicide Criminal Procedure Quashing of FIR Anticipatory Bail

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