1 apl799.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 799 OF 2016
1. Nanda Prakash Pawar,
aged about 40 years,
Occupation Labourer;
2. Shakilabano Shaikh Salim,
aged about 46 years,
Occupation Labourer;
3. Mayabai Narhari Chichghate,
aged about 52 years,
Occupation Labourer.
R/o Near Police Prashikshan Kendra,
Gadanki Road, Old City, Akola. ... APPLICANTS
VERSUS
1. State of Maharashtra through
Police Station Officer, Dabki Road,
Akola, Tq and Distt Akola.
2. Smt. Nandabai Bhagwan Mhaske,
aged about 42 years, Occupation
Service, At RPTS, R/o PTC Quarters,
Akola, Tq and Distt Akola. ... RESPONDENTS
....
Shri J.B. Gandhi, Advocate for the applicants.
Shri S.A. Ashirgade, Additional Public Prosecutor for respondent No.1.
Respondent No.2 is served.
....
CORAM : PRASANNA B. VARALE AND
ARUN D. UPADHYE, JJ.
DATED : 01ST NOVEMBER, 2017.
ORAL JUDGMENT : (Per Prasanna B. Varale, J.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.
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2. The applicants are before this Court seeking quashment of the First Information Report registered vide Crime No. 126/2016 by Dabki Road Police Station, Akola on 14.07.2016 for the offence punishable under Sections 306, 323, 504 read with Section 34 of the Indian Penal Code and quashing the Charge Sheet No.105/2006 filed in connection with Crime No. 126/2016 in the Court of Judicial Magistrate, First Class, Akola.
3. Heard the learned Counsel appearing on behalf of the applicants and learned Additional Public Prosecutor on behalf of respondent No.2.
4. Shri Gandhi, the learned Counsel for the applicants invites our attention to the FIR dated 14.07.2016 and submits that the report is subsequent to a Marg registered bearing No. 15/2016 on 24.05.2016. He further submits that one Smt. Nandabai Mhaske who was working as Safai Kamgar at Police Training Center, Akola stated that she was appointed from the category of compassionate ground appointment in place of her deceased husband. The learned Counsel also submits that she was on medical leave for two months and joined her duties on 24.05.2016 along with her daughter Ashwini aged 20 years. At about 05:00 p.m., after filling up some water, when she reported on duty, she found that a mob was gathered near the gate. On enquiry, it was informed to her that her daughter Ashwini met with an accident. It is further stated that Ashwini was suffering from epilepsy attack since her age of nine years and since last five to six years, she was also suffering from mental ailment. It is stated that her daughter was under ::: Uploaded on - 06/11/2017 ::: Downloaded on - 07/11/2017 01:10:53 ::: 3 apl799.16 treatment in the Government Hospital at Nagpur and she was fed-up with health condition and might have committed suicide. It is stated in the Marg report that she was not carrying any suspicion against any body.
5. Shri Gandhi, the learned Counsel for the applicants submits that after a period of two months, a report came to be lodged against the present applicants. In the report, it is alleged that these applicants picked up quarrel with the daughter of informant/complainant. They abused the daughter of complainant and they alleged that the daughter of the complainant was of loose character and they were instigating the daughter of the complainant to commit suicide. It is further stated in the report that the complainant intervened in the quarrel. Some other employees namely Deepali Wakode, Bhaskar Chauhan, Ravi Damodar Sur, Gopal Chauhan were present at that time. The informant then pacified her daughter and proceeded for her work. At about 05:00 p.m., she was informed by Gopal Chauhan that Ashwini committed suicide by falling on the railway track. Shri Gandhi submits that Crime No. 126/2016 came to be registered against these applicants for commission of offence under Sections 306, 323, 504 read with Section 34 of the Indian Penal Code. He then submits that the charge sheet came to be filed by the investigating agency.
6. Shri Gandhi, the learned Counsel then by inviting our attention to the statements of witnesses recorded by the investigating, submits that these statements clearly show that the versions of all theses witnesses are hearsay. He further submits that the applicants approached the office of ::: Uploaded on - 06/11/2017 ::: Downloaded on - 07/11/2017 01:10:53 ::: 4 apl799.16 Principal of Police Training Center and sought for certain information under Right to Information Act and the information reveals that the complainant was directed by the superior officers not to come along with her daughter while attending the official duty. It further reveals that on 24.05.2016, there was some quarrel between the applicants, the complainant and her daughter and the Principal cautioned the applicants and the complainant and asked them to proceed to their duties in stead of quarreling in the premises. Learned Counsel then submits that the copy of the station diary placed on record reveals that there was some quarrel between the complainant, the applicants and the daughter of the complainant. The daughter of the complainant was shouting and making hue and cry and the senior officers intervened and asked the workers to attend their duties in stead of making noise and disturbing the work.
7. Shri Gandhi, learned Counsel submits that the material placed on record clearly shows that the daughter of the complainant was mentally unstable and was also suffering from epilepsy. He also submits that the change of version of the complainant herself clearly shows that the complainant though initially submitted that her daughter committed suicide as she was suffering from illness, subsequently after period of two months, changed her stance and with an oblique motive and lodged the FIR against these applicants and falsely implicated these applicants. Thus, it is the submission of learned Counsel that the report lodged with an ulterior motive only to harass the applicants is an abuse of process of law and the report as well as the charge sheet be quashed and set aside.
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8. Shri Ashirgade, the learned Addl PP vehemently opposes the application and submits that in the process of investigation, the statements of the witnesses are recorded and they support the contention in the report submitted by the complainant. Thus, it is the submission of learned APP that as there is sufficient material against these applicants, the application be dismissed.
9. On the backdrop of the rival submissions of the learned Counsel appearing on behalf of the respective parties, we have gone through the material placed on record. It is not in dispute that initially when the Marg was registered, the mother of the deceased in clear and unambiguous words stated that her daughter was suffering from ailments and she was fed-up with these ailments and she might have committed suicide. The Marg registering the accidental death on 24.05.2016 at about 10:23 p.m., is an immediate disclosure. At that point of time, the complainant, mother of deceased stated nothing about any quarrel took place with her and her daughter and the applicants. Learned APP made an attempt to submit that there is an explanation offered in the report and the complainant stated that as she was mentally disturbed due to the death of her daughter, she left Akola and was residing with her brother and after returning from her brother's place, she lodged the report.
10. Shri Gandhi, the learned Counsel for the applicants had invited our attention to a contra material sought for under the Right to Information ::: Uploaded on - 06/11/2017 ::: Downloaded on - 07/11/2017 01:10:53 ::: 6 apl799.16 Act and the same is placed on record at Annexure-C. It is informed to the applicants that complainant Nandabai Mhaske was on duty at Akola from 24.05.2016 to 14.07.2016. Along with the said communication, copy of muster roll is also placed on record. The same was provided in response to query of the applicants. Thus, there is considerable merit in the submission of learned Counsel for the applicants that the explanation offered by the complainant that she was out of station and the report was lodged after she returned from her brother's place, is falsified and the material clearly shows that the complainant was attending the duty from 24.05.2016 to 14.07.2016. Insofar as the statements recorded by the investigating agency are concerned, perusal of these statements of the witnesses who are named in the FIR namely Ravindra Damodar and Gopal Chauhan show that the version of these witnesses is hearsay. Statement of one witness Sunil Mhaske is also recorded which shows that he is the brother of deceased Ashwini and his version is also hearsay version. Gopal Chauhan also states that it was an information received by him. Thus, there is considerable merit in the submission of Shri Gandhi, the learned Counsel for the applicants that these persons are named as witnesses to the incident, none of these persons is an eye witness to the incident. There is also merit in his submission that the material collected by the investigating agency is falling too short to connect the applicants with the commission of crime. On the contrary, with such material, the prosecution can hardly establish any case against these applicants and the initiation of criminal proceedings or continuation of criminal proceedings against these applicants would be nothing but an abuse of process of law and the only result even if the applicants face the trial ::: Uploaded on - 06/11/2017 ::: Downloaded on - 07/11/2017 01:10:53 ::: 7 apl799.16 is of acquittal of these applicants.
11. Considering all these aspects, in our opinion, the learned Counsel for the applicants has made out a case. The application is allowed in terms of prayer clause (A) and (A-1).
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
*rrg.
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