Lalta Bai Vs. State of Madhya Pradesh

Lalta Bai vs State of Madhya Pradesh

Disposition Petition allowed Court Madhya Pradesh Decided Aug 24, 2001

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Citation: sooperkanoon.com/510837
Court: Madhya Pradesh High Court
Judge: S.S. Saraf, J.
Decided On: Aug 24, 2001
Case Number: Miscellaneous Criminal Case No. 3596 of 2001
Subject: Criminal
Disposition: Petition allowed

Case Summary

AI-generated summary - not the official court judgment text.

- Section 2(f): [Dipak Misra, K.K. Lahoti & Rajendra Menon, JJ] Service Tax - Packaging and bottling of liquor whether amounts to manufacture within meaning of Section 2(f) of Central Excise Act 1944? Finance Act 932 of 1994), Section 65 (76 b) (as amended on 16.6.2005) - Held, The first limb of the inclusive defi...

Key legal issue: Criminal
Outcome / disposition: Petition allowed
Acts & sections: Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Penal Code (IPC), 1860 - Sections 306

Parties & Advocates

Appellant / Petitioner

Lalta Bai

Advocate Mukul Pandy, Adv.

Respondent

State of Madhya Pradesh

Advocate Anurag Choubey, Adv.

Legal References

Acts: Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Penal Code (IPC), 1860 - Sections 306
Reported In: II(2002)DMC78

Excerpt

- section 2(f): [dipak misra, k.k. lahoti & rajendra menon, jj] service tax - packaging and bottling of liquor whether amounts to manufacture within meaning of section 2(f) of central excise act 1944? finance act 932 of 1994), section 65 (76 b) (as amended on 16.6.2005) - held, the first limb of the inclusive definition of the manufacture under section 2(f) of central excise act has a very wide connotation. as the definition clause lays down an inclusive facet, the term manufacture has to be construed in a natural and plain manner and would include any process incidental or ancillary to the completion of a manufactured product. keeping in view the context in which the term manufacture has been used, it would take in its fold incidental and ancillary process in the manufacture or finishing of any manufactured product. it does not leave any room for doubt that an allied process should be integral and inextricable part of manufacture of completeness and presentability of the manufactured product. section 65(76b) of finance act used the words but it does not include. thus it is a definition which has the inclusive as well as exclusive facet. by virtue of the same it may include certain things and exclude others. it is well settled principle of law that a definition is not to be read in isolation and has to read in context of phrase which it defines, releasing that function of a definition is to give precision and certainty to the word or phrase which would otherwise be vague and uncertain. regard being had to the exclusionary fact in the finance act, though a limited one it would exclude the manufacturing process as defined under section 2(f) of the 1944 act. keeping in view the aforesaid dictionary clauses and circulars issued by the c.b.e.c. it is quite luminescent that would manufacture has to be understood in a broader sense and not to be confined or restricted to the excisable product in the act. it would include all processes which amount to manufacture.....orders.s. saraf, j.1. this petition under section 482, cr.p.c. has been directed for quashing the criminal proceedings initiated against the petitioner for offence punishable under section 306, i.p.c.2. the facts giving rise to this petition are these :the petitioner was married to the deceased ram who committed suicide on 11.5.1999. the matter was reported to the police station, bamhani-banjar, district mandla. merg was registered and the legal proceedings were conducted. on 4.1.2001 a crime no. 3/2001 was registered against the petitioner for offence under section 306, i.p.c. it has been alleged by the prosecution that there were strained relations between the petitioner and her husband, the deceased ram, and due to the extreme bitterness they used to quarrel off and on. it is, further, alleged that on 11.5.1999 when the deceased ram committed suicide by hanging himself on the tree, there was a furious quarrel between the deceased and the petitioner and consequently the deceased committed suicide. the police, bamhani-banjar, therefore, registered the said offence against the petitioner on 4.1.2001 on the basis of the report lodged by one prahlad.3. a careful scrutiny of the entire material on record reveals that the deceased and the petitioner had quarrel immediately before the deceased committed suicide on 11.5.1999. it is also clear from the record that both of them used to quarrel time and again. it also appears that some times the petitioner used to beat her husband, the deceased. there is however, nothing on record to prima facie establish that the petitioner ever persuaded or instigated the deceased to commit suicide. the witnesses nanhe and chhannulal in their statements recorded under section 161, cr.p.c. have stated that the petitioner and the deceased quarrelled on the fateful day before the deceased committed suicide. chhannulal has also stated that both of them used to quarrel off and on. though, it is clear from the record that for domestic reasons.....

Full Judgment

ORDER

S.S. Saraf, J.

1. This petition under Section 482, Cr.P.C. has been directed for quashing the criminal proceedings initiated against the petitioner for offence punishable under Section 306, I.P.C.

2. The facts giving rise to this petition are these :

The petitioner was married to the deceased Ram who committed suicide on 11.5.1999. The matter was reported to the Police Station, Bamhani-Banjar, District Mandla. Merg was registered and the legal proceedings were conducted. On 4.1.2001 a Crime No. 3/2001 was registered against the petitioner for offence under Section 306, I.P.C. It has been alleged by the prosecution that there were strained relations between the petitioner and her husband, the deceased Ram, and due to the extreme bitterness they used to quarrel off and on. It is, further, alleged that on 11.5.1999 when the deceased Ram committed suicide by hanging himself on the tree, there was a furious quarrel between the deceased and the petitioner and consequently the deceased committed suicide. The police, Bamhani-Banjar, therefore, registered the said offence against the petitioner on 4.1.2001 on the basis of the report lodged by one Prahlad.

3. A careful scrutiny of the entire material on record reveals that the deceased and the petitioner had quarrel immediately before the deceased committed suicide on 11.5.1999. It is also clear from the record that both of them used to quarrel time and again. It also appears that some times the petitioner used to beat her husband, the deceased. There is however, nothing on record to prima facie establish that the petitioner ever persuaded or instigated the deceased to commit suicide. The witnesses Nanhe and Chhannulal in their statements recorded under Section 161, Cr.P.C. have stated that the petitioner and the deceased quarrelled on the fateful day before the deceased committed suicide. Chhannulal has also stated that both of them used to quarrel off and on. Though, it is clear from the record that for domestic reasons or whatsoever both the husband and wife used to quarrel, however, there is nothing on record to indicate that the actions of the petitioner were so conducive to derive the deceased to commit suicide. The deceased could take appropriate legal and social action against the petitioner for the frequent quarrels between them. May be, the tenor of the petitioner was responsible for creating bitterness in the life of the deceased but simply because the petitioner used to quarrel with him, it cannot be said by any stretch of imagination that the deceased had no option but to commit suicide. There is nothing on record to prima facie establish that the petitioner ever instigated, conspired or facilitated the commission of suicide by the deceased.

4. If the said Crime No. 3/2001 is not quashed, criminal proceedings will be initiated against the petitioner for offence under Section 306, I.P.C. In that case the initiation of proceedings against the petitioner would be nothing but an abuse of the process of the Court. Although in exercise of the inherent jurisdiction under Section 482, Cr.P.C. registration of crime against a person should not generally be quashed, but this is the exceptional case where the facts and circumstances warrant interference by this Court in exercise of inherent jurisdiction under Section 482 Cr.P.C.

5. For reasons stated above, this petition is allowed and the offence under Section 306, I.P.C. registered at Police Station Bamhani-Banjar, District Mandla vide Crime No. 3/2001 is quashed.

Same Court & Year Madhya Pradesh · 2001 Same Parties Lalta Bai vs State of Madhya Pradesh Same Subject Criminal Same Judge S.S. Saraf, J. Acts & Sections Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indi...

Criminal