Lawstreet Journal

Protest by hunger strike will not amount to an attempt to commit suicide: Madras HC [READ ORDER]

Lawstreet Journal 24 Feb 2021 2:08am

Image courtesy: Lawstreet Journal Judiciary Protest by hunger strike will not amount to an attempt to commit suicide: Madras HC [READ ORDER]

The Madras High Court while hearing a petition seeking quashing of a criminal case pending before the Judicial Magistrate Court No.2, Ponnamallee, Chennai observed that the mere fact that the petitioner has protested by sitting on hunger strike will not attract the offence under Section 309 IPC (Attempt to commit suicide).

The petitioner along with other persons was detained at Special Camp, Poonamallee in 2013. Protesting the detention, the petitioner and others sat on a hunger strike for 10 days. In this incident, an FIR was registered to mention the hunger strike as amounting to an offence of attempt to commit suicide under Section 309 IPC. On completion of the investigation, a final report was given to the lower court which took the matter in its file in 2016. The petitioner approached the High Court seeking an order to quash further proceedings on the case pending against him.

Advocate P. Pugalenthi, appearing for the petitioner brought two main arguments before the High Court. The first argument that even if the allegations are taken at face value it does not constitute an offence under Section 309 IPC. 

The second argument was on the procedural ground as laid down in Section 468 Cr. P.C.  The section puts a bar on taking cognizance of offences after the lapse of the period of limitation. The period of limitation for an offence punishable by a maximum imprisonment of 1 year as provided in the same section is 1 year. Section 309 prescribes maximum imprisonment of only 1 year… Continue Reading...

Tagged: Madras High Court  
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