PRABHAT KUMAR MISHRA @ PRABHAT MISHRA versus THE STATE OF U.P. & ANR.

Citation: [2024] 3 S.C.R. 157 · Decided: 05-03-2024 · Supreme Court of India · Bench: BHUSHAN RAMKRISHNA GAVAI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

* Author
[2024] 3 S.C.R. 157 : 2024 INSC 172
Prabhat Kumar Mishra @ Prabhat Mishra 
v. 
The State of U.P. & Anr.
(Criminal Appeal No.(s). 1397 of 2024)
05 March 2024
[B.R. Gavai and Sandeep Mehta,* JJ.]
Issue for Consideration
High Court, if justified in rejecting the application filed by the accused 
appellant u/s. 482 CrPC seeking quashing of proceeding of the criminal 
case registered against him u/s. 306 IPC and s. 3(2)(v) of the Schedule 
Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989.
Headnotes
Penal Code, 1860 – ss. 306, 107 – Abetment of suicide – 
Allegations set out in the suicide note, if constitutes necessary 
ingredients of abetment to commit suicide – Suicide note by 
the victim-posted as Senior Clerk, that he was frustrated and 
bothered by the style of functioning of the appellant-District 
Saving Officer and of the Chief Development Officer and 
thus, was left with no option but to end his life, and was also 
bothered by the pressure of working in two districts – Criminal 
proceedings against the appellant for the offences punishable 
u/s. 306 and s. 3(2)(v) of the SC/ST Act – Application by the 
appellant u/s. 482 CrPC seeking quashing of proceedings – 
Rejected by the High Court – Justification:
Held: Prosecution of the appellant for the offence u/s.3(2)(v) of 
the SC/ST Act is ex facie illegal and unwarranted since from the 
admitted allegations of the prosecution, the necessary ingredients 
of the offence u/s.3(2)(v) of the SC/ST Act are not made out – 
Prosecution case is entirely based on the suicide note left behind 
by the victim before committing suicide – On a minute perusal of the 
suicide note, the contents thereof do not indicate any act or omission 
on the part of the appellant which could make him responsible for 
abetment as defined u/s. 107 – Suicide note clearly shows that 
the deceased was frustrated on account of work pressure and 
was apprehensive of various random factors unconnected to his 
official duties – Necessary ingredients of the offence of abetment 
to commit suicide are not made out from the chargesheet – Thus, 
allowing prosecution of the appellant is grossly illegal for the offences 
158
[2024] 3 S.C.R.
Digital Supreme Court Reports
punishable u/s.306 and s.3(2)(v) of the SC/ST Act tantamounts to 
gross abuse of process to law – Also, investigating agency itself 
proposed a closure report in the matter after conducting thorough 
investigation – Thus, the impugned order passed by the High Court 
and all proceedings sought to be taken against the appellant in the 
criminal case pending, quashed and set aside. [Paras 16, 18, 22-25]
Case Law Cited
Masumsha Hasanasha Musalman v. State of Maharashtra, 
[2000] 1 SCR 1155 : (2000) 3 SCC 557; Netai Dutta v. 
State of W.B., (2005) 2 SCC 659; M. Mohan v. State 
represented by the Deputy Superintendent of Police, 
[2011] 3 SCR 437 : (2011) 3 SCC 626 – referred to.
List of Acts
Penal Code, 1860; Schedule Castes and the Schedule Tribes 
(Prevention of Atrocities) Act, 1989; Code of Criminal Procedure, 1973.
List of Keywords
Abetment of suicide; Suicide; Suicide note; Caste; Act or omission; 
Frustrated on account of work pressure.
Case Arising From
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.1397 
of 2024
From the Judgment and Order dated 26.07.2022 of the High Court 
of Judicature at Allahabad in A482 No.12691 of 2015
Appearances for Parties
Pallav Shishodia, Sr. Adv., Danish Zubair Khan, Ajeet Pandey, Dr. 
Lokendra Malik, Advs. for the Appellant.
Ankit Goel, Ram Shiromani Yadav, Advs. for the Respondents.
Judgment / Order of the Supreme Court
Judgment
Mehta, J.
1.	
Leave granted.
2.	
This appeal is directed against the judgment dated 26th July, 2022 
passed by the High Court of Judicature at Allahabad rejecting the 
[2024] 3 S.C.R. 
159
Prabhat Kumar Mishra @ Prabhat Mishra v. The State of U.P. & Anr.
Criminal Misc. Application No. 12691 of 2015 filed by the accused 
appellant herein under Section 482 of Court of Criminal Procedure, 
1973(hereinafter being referred to as ‘CrPC’).
3.	
By way of the said application, the accused appellant sought 
quashing of proceeding of the Criminal Case No. 6476 of 2005 
pending against him in the Court of learned Chief Judicial Magistrate, 
Farrukhabad for the offences punishable under Section 306 of the 
Indian Penal Code, 1860(hereinafter being referred to as the ‘IPC’) 
and Section 3(2)(v) of the Scheduled Castes and the Scheduled 
Tribes (Prevention of Atroc

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