AYYUB & ORS. versus STATE OF UTTAR PRADESH & ANR.
The charge-sheet and material on record did not disclose the ingredients of Section 306 IPC or requisite intention to aid/instigate suicide; the prosecution relied on a one-sided, uncorroborated version and no adequate investigation of other angles was conducted, therefore continuing proceedings would be an abuse of process and must be quashed while directing a reinvestigation by a Special Investigation Team.
- Parties
- Appellants: Ayyub & Ors.; Respondents: State of Uttar Pradesh & Anr.
- Jurisdiction
- India
- Judgment Date
- 06 February 2025
- Procedural Posture
- Criminal Appeal / Appeal From High Court Order Declining to Quash Criminal Proceedings Under Section 482 Cr.p.c.
- Outcome
- Appeal allowed
- Legal Topics
- Abetment of Suicide, Section 306 IPC, Quashing of Criminal Proceedings, Section 482 Cr.p.c., Reinvestigation, Investigation Bias
Case Brief
Summary, issues, holding and outcome
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Parties
Ayyub & Ors.
Appellants
State of Uttar Pradesh & Anr.
Respondents
Procedural Posture
Criminal Appeal / Appeal From High Court Order Declining to Quash Criminal Proceedings Under Section 482 Cr.p.c.
Legal Issues
- 1 Whether the charge under Section 306 IPC is made out against the appellants
- 2 Whether the High Court erred in declining to quash the proceedings under Section 482 Cr.P.C.
- 3 Whether a reinvestigation is required given the perceived one-sided investigation
Ratio Decidendi
The charge-sheet and material on record did not disclose the ingredients of Section 306 IPC or requisite intention to aid/instigate suicide; the prosecution relied on a one-sided, uncorroborated version and no adequate investigation of other angles was conducted, therefore continuing proceedings would be an abuse of process and must be quashed while directing a reinvestigation by a Special Investigation Team.
Court Disposition
Appeal allowed
Orders
- Proceedings in Case No. 2843 of 2023 (arising out of Crime No. 367 of 2022, PS Rampur Maniharan, District Saharanpur) quashed as against the appellants
- Director General of Police, Law and Order, Uttar Pradesh to constitute a Special Investigation Team headed by an officer of the rank of Deputy Inspector General of Police to investigate the death of Tanu
Full Case Text
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