Bombay High Court
Usha Suresh Mule And Ors vs The State Of Maharashtra on 21 July, 2017
Bench: T.V. Nalawade
Criminal Writ Petition /214/2006
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.214 OF 2006
1. Usha Suresh Mule,
Age 55 years, Occu. Household,
2. Sanjay Suresh Mule,
Age 29 years, Occu. Service,
3. Manisha Sanjay Mule,
Age 26 years, Occu. Service,
Petitioner Nos.1 to 3
R/o Navchaitanya Housing Society
Flat No.C-45, Saint Dnyaneshwar Nagar,
Morwadi, Mahada, Pimpari, Pune
4. Rekha Jitendra Mudke,
Age 30 years, Occu. Advocate,
5. Jitendra Ashok Mudke,
Age 32 years, Occu. Service,
Petitioner Nos.4 and 5
R/o 725, F-2, Takshashila,
Mahada, Morwadi, Pimpari,
Pune-18. ... PETITIONERS
Versus
1. The State of Maharashatra
2. Gorakhnath S/o Dnyandev Thorave,
Age 66 years, Occ. Business,
R/o Kedgaon, Nepti Road,
Near Workshop, Ahmednagar, ... RESPONDENTS
...
Mr. A.M.Gaikwad, Advocate for Petitioners
Mr. S.J.Salgare, AGP for State.
Mr. S.R.Dheple for Respondent No.2
...
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Criminal Writ Petition /214/2006
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CORAM : T.V.NALAWADE AND
SUNIL K. KOTWAL, JJ.
DATED : 21st July, 2017
JUDGMENT : (Per Sunil K. Kotwal, J.) :-
1. This petition is filed by original accused in Crime No.212
of 2005, registered at Police Station Ahmednagar, under Sections 420,
406 read with 34 of the Indian Penal Code. Petitioners have filed this
petition to quash the chargesheet filed against them on 18.01.2006,
before learned Judicial Magistrate (First Class), Ahmednagar
registered as RTC No.18 of 2006, by Respondent No.1 / State of
Maharashtara. Respondent No.2 is original informant.
2. In brief, the contention of petitioners is that, the petitioner
No.1 is widow of deceased Suresh Sadashiv Mule and petitioner
Nos.2 and 4 are the son and daughter of Suresh Sadashiv Mule and
petitioner No.1. Petitioner No.3 is wife of petitioner No.2 and
petitioner No.5 is husband of petitioner No.4. After retirement of
Suresh Sadashiv Mule, Chit Fund (Bhishi) was run in his house, by
some neighbours. Petitioners came to know about this Chit Fund
(Bhishi) after the suicidal death of Suresh Sadashiv Mule, when his
suicidal note was found in the house. As the members of Chit Fund
Criminal Writ Petition /214/2006
(Bhishi), did not repay the contribution, the deceased Suresh Sadashiv
Mule indebted and it compelled him to commit suicide. Out of these
two suicidal notes one was addressed to petitioner Nos.2 and 4 and the
second was addressed to the then District Superintendent of Police
Shri Vishwasrao Nagre. After going through these suicidal notes,
petitioner No.1 came to know that, due to the illegal act of neighbours
her husband was compelled to commit suicide. Therefore, she
approached Kotwali Police Station to register offence against the
persons, responsible for the suicidal death of her husband. However,
concerned Police Officer did not take any action. Therefore,
petitioners approached District Superintendent of Police for taking
action against those culprits. The office of District Superintendent of
Police directed the petitioners to again approach Police Station.
Therefore, on 08.10.2005 petitioner No.1 approached Police Station
Kotwali. However, she was arrested by police and that time, she came
to know that one member of Chit Fund (Bhishi), namely, Gorakhnath
Dnyandeo Thorave (Respondent No.2) lodged a complaint against the
petitioner and her family members that they cheated him and other
persons.
3. Petitioner No.1 obtained bail from learned Judicial
Magistrate (First Class) and petitioner Nos.2 to 5 obtained anticipatory
Criminal Writ Petition /214/2006
bail from Additional Sessions Court, Ahmednagar. Petitioners are no
where related with the Chit Fund (Bhishi) run by their neighbours in
the house of Suresh Sadashiv Mule. No material is available against
the petitioners, which indicates that they have committed any criminal
offence. Therefore, petitioners have approached this Court for
appropriate relief.
4. Heard learned Advocate for the petitioners, learned AGP
for Respondent No.1 and learned Advocate for Respondent No.2.
Learned Advocate for the petitioners argued in the line of contents of
the petition. In brief, his contention is that, none of the petitioners is
in way connected with the so called Chit Fund (Bhishi) and therefore,
no offence is made out against any petitioner. He also pointed out that
since last two years petitioner Nos.2 to 5 live at Pune for their
respective services and occupation. Marriages of petitioner Nos.2 and
4 are solemnized in the year 2004 and 1999 respectively. Petitioner
Nos.4 and 5 stay at Pune since their marriage.
5. On the other hand, learned APP for the State placed
reliance on some recitals of suicidal note, wherein deceased Suresh
Sadashiv Mule has admitted running of Chit Fund (Bhishi) in his
house. He pointed out that during investigation by police, some
material is found against the petitioners. They promised to repay the
Criminal Writ Petition /214/2006
outstanding amount to the members of Chit Fund (Bhishi) when
Suresh Sadashiv Mule was admitted in the hospital after consumption
of poison.
6. I have gone through the copy of F.I.R. Dated 07.10.2005
lodged by Gorakhnath Dnyandeo Thorave, who contended that,
amount of Rs.1,74,000/- is outstanding from Suresh Sadashiv Mule
and his wife. Though he claims that, even petitioner Nos.2 to 5 are
responsible for that amount because they promised to pay that amount
in the hospital, such contention is not acceptable. The simple reason
for this is that even assuming that when Suresh Sadashiv Mule was
admitted in the hospital and at that occasion the relatives of Suresh
Sadashiv Mule promised to pay the outstanding amount from Suresh
Sadashiv Mule to some third persons, it does not mean that, the
relatives of Suresh Sadashiv Mule were involved in the scheme of
Chit Fund (Bhishi). Otherwise also, after going through the
statements of the witnesses recorded by Investigating Officer, it
emerges that, nobody has whispered a single word regarding payment
of any amount to petitioner Nos.2 to 5. However, the papers of
investigation by police in the case show that some oral statements are
available to involve the petitioner No.1 as one of the organizer of Chit
Fund (Bhishi) along with Suresh Sadashiv Mule. Even in the suicidal
note relied by petitioner, it is mentioned by the deceased Suresh
Criminal Writ Petition /214/2006
Sadashiv Mule that his wife (petitioner) would repay the outstanding
amount to the concerned persons. Therefore, at this stage it cannot be
said that no substance is available against the petitioner No.1.
7. However, as observed above no material is placed on
record to show that, petitioner Nos.2 to 5 are connected with the so
called Chit Fund (Bhishi) scheme run by deceased Suresh Sadashiv
Mule. Therefore, the prosecution of petitioner Nos.2 to 5 deserves to
be quashed by invoking inherent powers of this Court under Section
482 of the Criminal Procedure Code. However, so far as claim of the
petitioner No.1 is concerned her prayer for quashment of criminal
proceedings against her cannot be allowed. In other words, this Writ
Petition deserves to be partly allowed. Hence, following order.
ORDER
1. Petition is partly allowed.
2. Criminal Proceeding pending before Judicial Magistrate
(First Class), Ahmednagar, against petitioner Nos.2 to 5
i.e. RTC No.18 of 2006, in connection with Crime
No.212/05 registered at Kotwali Police Station,
Ahmednagar, is quashed.
Criminal Writ Petition /214/2006
3. Prayer of the petitioner No.1 to quash the criminal
proceeding against her in RTC No.18 of 2006 is rejected.
RTC No.18 of 2006 to proceed further only against
petitioner No.1 in accordance with law.
(SUNIL K. KOTWAL, J.) (T.V.NALAWADE, J.)
...
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