Case title:
Prabhat Kumar Mishra @ Prabhat Mishra v. The State of U.P. & Anr.
Date of Order:
5th March, 2024
Bench:
Justice B.R. Gavai and Justice Sandeep Mehta
Parties: Appellant: Prabhat Kumar Mishra
Respondents: The State of U.P. & Anr.
SUBJECT:
In the case of Prabhat Kumar Mishra v. The State of U.P. & Anr., the Hon’ble Supreme Court, on 5th March 2024, quashed criminal proceedings against the appellant, a District Savings Officer, accused of abetting a colleague's suicide. The court ruled out caste-based discrimination charges, emphasizing the absence of evidence and highlighting the necessity of clear mens rea for abetment, ultimately deeming the charges an abuse of the legal process. (SLP (Crl.) No(s). 9591 of 2022)
IMPORTANT PROVISIONS:
- 306 IPC: Abetment of suicide -If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
- Section 3(2)(v) in The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 -(v)commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine;
OVERVIEW:
- Prabhat Kumar Mishra, the appellant, was employed as the District Savings Officer in Kannauj District, Uttar Pradesh. The case originated from the tragic suicide of Data Ram, a Senior Clerk at the Child Welfare Board in Fatehgarh.
- On 3rd October 2002, Data Ram took his own life, leaving behind a suicide note. The suicide note alleged that Mishra, along with Shashidhar Dwivedi, the Chief Development Officer (CDO), had subjected Data Ram to consistent harassment and humiliation.
- He belonged to a Scheduled Caste, and the note hinted at the possibility that the mistreatment might have been motivated by caste-based discrimination.
- The police initiated an investigation based on the suicide note, and criminal proceedings were instituted against Mishra under Section 306 of the Indian Penal Code (IPC) for abetment of suicide and under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) for committing offenses against a member of a Scheduled Caste.
- Prabhat Kumar Mishra, through his legal counsel, filed a Criminal Misc. Application No. 12691 of 2015 under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), before the High Court of Judicature at Allahabad, seeking the quashing of the criminal proceedings against him.
- The High Court rejected the application which led to the present appeal.
ISSUES RAISED:
- Whether the suicide note left by the deceased, accusing the appellant and Shashidhar Dwivedi of harassment and discrimination, provides sufficient grounds to initiate criminal proceedings against the appellant?
- Whether the allegations of mistreatment, humiliation, and discriminatory behaviour mentioned in the suicide note are substantiated and can be considered valid reasons for the abetment of suicide under Section 306 of the Indian Penal Code (IPC).
- Whether the caste-based discrimination mentioned in the suicide note, specifically targeting the deceased as a member of a Scheduled Caste, invoke the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act)?
- Whether the Criminal Misc. Application filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking the quashing of criminal proceedings, has merit and should be considered by the court.
ARGUMENTS ADVANCED BY THE APPELLANT:
- The senior counsel for the accused-appellant, Mr. Pallav Shishodia, contended that even if the allegations in the suicide note were accepted as true, they did not constitute the necessary ingredients of the alleged offenses.
- It was argued that the suicide note, at best, indicated the deceased's frustration with the appellant's and another officer's working styles, not instigation or abetment to suicide.
- The appellant's counsel emphasized that the charge sheet should be quashed as it amounts to an abuse of the court's process.
- ARGUMENTS ADVANCED BY THE RESPONDENT:
- Mr. Ankit Goel, standing counsel for the State of Uttar Pradesh, opposed the appellant's submissions.
- The State argued that the appellant and another officer harassed and humiliated the deceased to such an extent that he felt compelled to end his life as the note detailed instances of verbal abuse, undue workload, and discriminatory behaviour based on Data Ram's caste.
- The allegations in the suicide note, according to the State, constituted the necessary ingredients of abetment to commit suicide, justifying the criminal proceedings.
JUDGEMENT ANALYSIS:
- The court noted that the prosecution of the appellant under Section 3(2)(v) of the SC/ST Act was illegal, as there was no evidence of the offense being committed based on caste.
- Referring to the case of Masumsha Hasanasha Musalman v. State of Maharashtra, the court emphasized the absence of caste-based elements in the allegations.
- The court quoted precedents like Netai Dutta v. State of W.B. and M. Mohan v. State, highlighting the necessity of clear mens rea and an active act for abetment under Section 306 IPC.
- The court discussed various cases to establish that mere dissatisfaction or frustration expressed in a suicide note doesn't imply abetment.
- It was emphasized that the suicide note in question did not indicate any act or omission on the part of the appellant constituting abetment and therefore the Court quashed all proceedings against the appellants.
CONCLUSION:
After a meticulous examination of the charges, particularly under Section 3(2)(v) of the SC/ST Act and Section 306 IPC, the court, citing legal precedents, emphasized the absence of evidence linking the alleged offenses to caste considerations. Stressing the need for clear mens rea and an intentional act leading directly to suicide, the court found the frustrations expressed in the suicide note, primarily related to work pressures, insufficient to implicate the appellant. The charges framed were deemed to be an abuse of the legal process, and the Court quashed all proceedings, protecting the appellant from an unwarranted trial and upholding the integrity of legal standards.
