Sunday, 21 February 2021

Whether sitting on hunger strike amounts to offence of attempt to commit suicide?

 The mere fact that the petitioner has protested by sitting on

hunger strike will not attract the offence under Section 309 IPC. Even if the

materials available on record are taken as it is, it does not constitute an

offence under Section 309 IPC.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Crl.OP.No.2791 of 2021

and Crl.M.P.No.1546 of 2021

P.Chandrakumar S/o.Palanimari. Vs. State 

CORAM:  Mr.JUSTICE N. ANAND VENKATESH

DATED 15.02.2021

On consent given by either side, the main petition itself is taken

up for final hearing.

2.The case of the prosecution is that the petitioner was detained

at the Special Camp, Poonamallee. A protest was made by the petitioner

and others by way of a hunger strike from 15.08.2013 to 24.08.2013. Based

on the same, an F.I.R. came to be registered for an offence under Section

309 IPC on the ground that there was an attempt to commit suicide. On

completion of the investigation, a final report was filed before the Court

below and the Court below has taken cognizance of the final report in

C.C.No.21 of 2016. Challenging the proceedings, the present petition has

been filed before this Court.

3.Heard Mr.P.Pugalenthi, learned counsel appearing on behalf

of the petitioner and Mr.C.Raghavan, learned Government Advocate

(Crl.side), appearing on behalf of the first respondent.


4.There are primarily two grounds that have been raised in this

petition. The first ground is that even if the allegations are taken as it is, no

offence has been made out under Section 309 IPC. The second ground that

has been raised is that the offence under Section 309 IPC is punishable with

a maximum imprisonment of one year. The F.I.R. was registered in the year

2013 and the Court below has taken cognizance in the year 2016 and the

same is barred under Section 468 Cr.P.C.

5.This Court has carefully considered the submissions made on

either side and the materials available on record.

6.The mere fact that the petitioner has protested by sitting on

hunger strike will not attract the offence under Section 309 IPC. Even if the

materials available on record are taken as it is, it does not constitute an

offence under Section 309 IPC.

7.That apart, the Court below ought to have taken cognizance


within a period of one year since the offence is punishable for a maximum

period of one year. However, the Court below has taken cognizance after

nearly three years without assigning any reasons. Therefore, taking

cognizance of the final report by the Court below is barred by law and

stands vitiated.

8.In view of the above, no useful purpose will be served in

keeping the proceedings pending and the proceedings in C.C.No.21 of 2016

on the file of the learned Judicial Magistrate No.II, Poonamallee, is hereby

quashed and the Criminal Original Petition is allowed. Consequently,

connected miscellaneous petition is closed.

15.02.2021


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