CHENNAI: Observing that a protest by carrying out a hunger strike does not amount to attempt to suicide with an offence under section 309 IPC, the Madras HC on Thursday quashed the criminal proceedings of one P Chandrakumar who was detained by the police at the Special Camp in Poonamallee in 2013. According to the prosecution, he was detained at the Special Camp, Poonamallee.
A protest was carried out of a hunger strike for eight days. An FIR came to be registered under section 309 IPC on the ground that there was an attempt to commit suicide. Challenging the criminal proceedings that were initiated against him for the offence registered in 2013 in 2016, Chandrakumar moved the present plea.
Justice Anand Venkatesh observed, “The mere fact that the petitioner has protested by sitting on hunger strike will not attract the offence under Section 309 IPC. Even if the materials available on record are taken as it is, it does not constitute an offence under Section 309 IPC.” He added, the Poonamallee court which kept the proceedings pending should have taken cognizance within a year since the offence itself is punishable for a maximum period of one year.