Bombay High Court
Parag S/O Amrut Barate And Another vs The State Of Mah. Th R. Ps Rajapeth, ... on 14 March, 2023
Bench: Vinay Joshi, Bharat Pandurang Deshpande
Judgment apl639.22
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] No. 639 OF 2022.
1.Parag s/o Amrut Barate,
Age 45 years, Occupation Service,
resident of Jain Plastic Park,
Bhambori, Taluq and District
Jalgaon.
2.Bhagwat s/o Sadashiv Kumbhar,
Age 51 years, Occupation Service,
resident of Jain Plastic Park,
Bhambori, Taluq and District
Jalgaon. ... APPLICANTS.
VERSUS
1.The State of Maharashtra,
through Police Station Rajapeth,
Taluq and Ditrict Amravati.
[Copy served to Public Prosecutor
Bombay High Court Bench at Nagpur]
2.Rupali Pramod Jawanjal,
Age 31 years, Profession Nil,
resident of Nawathe Galli No.3,
Amravati City, Taluq and District
Amravati. ... NON-APPLICANTS.
Rgd.
Judgment apl639.22
2
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Mr. A.S. Reddy, Advocate for Applicants.
Mr. N.R. Rode, A.P.P. for Non-applicant No. 1.
Non-applicant No.2 - Served.
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CORAM : VINAY JOSHI AND
BHARAT P. DESHPANDE, JJ.
DATE : MARCH 14, 2023.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard finally by consent of the learned Counsel appearing
for applicants and the learned A.P.P. for non-applicant no.1. Despite
service, non-applicant no.2 has chosen not to appear.
Admit.
2. This is an application seeking to quash the first
information report bearing Crime No.1216/2021 registered with
Rajapeth Police Station, Amravati for the offence punishable under
Section 306 read with Section 34 of the Indian Penal Code.
3. On the basis of a report lodged by widow of deceased
Pramod dated 30.09.2021, the aforesaid crime has been registered.
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Judgment apl639.22
It is the case of the informant that on 11.09.2021, her husband
committed suicide by way of hanging. The police found a suicide
note containing names of applicants and some other writing. The
informant has checked whatsapp messages of deceased in which she
found communication of deceased with both applicants. Applicant -
Kumbhare has charged the deceased for missing of one 7.5 HP Drive
and applicant - Barate has refused to accept the request for transfer,
and therefore, the informant has lodged a report alleging that both
of them abetted the deceased to commit suicide.
4. Applicant no.1 was service as a Manager, while applicant
no.2 is the Executive Officer of Jain Irrigation Systems Limited
Company. The deceased was also working in the same company as a
Driver. As per informants case, both applicants being superior
officers have harassed the deceased which left him with no other
alternative but, to commit suicide. Reading of the first information
report discloses that there are two allegations - firstly names of
applicant are mentioned in the suicidal note and secondly, there are
two whatsapp messages with the deceased, by each one of them.
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Judgment apl639.22
5. Perusal of the suicidal note indicates that the deceased
made certain writing on a plain paper. In first portion, he wrote
names of three persons, including applicants. Rest of the portion is
on page 2, and it relates to some other person. Mere mention of
names in the note does not make any sense. The note no where
alleges anything against applicants and therefore, by any stretch of
imagination, it cannot be treated as an incriminating circumstance
against applicants. The communication on whatsapp, as it reveals
from the police papers that applicant Barate has charged cost of one
missing 7.5 HP Drive, and sought recovery from the deceased. So
far as applicant - Kumbhare is concerned, the deceased requested
him for transfer, to which he merely replied as "No". This is the only
material which does not constitute anything to suggest that
applicants have abetted or instigated the deceased to commit suicide.
6. The learned Counsel for applicants has relied on the
decision of Supreme Court in case of Vaijnath Kondiba Khandke .vrs.
State of Maharashtra and another - [2018] 7 SCC 781, to contend
that even if the superior officer has assigned some work, that does
not construe an abetement to commit suicide. Reliance has also
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Judgment apl639.22
been placed in the decision of Supreme Court in case of Ramesh
Kumar .vrs. State of Chhattisgarh - [2001] 9 SCC 618, to contend
that there must be a reasonable certainty to incite the consequence
of the alleged act.
7. Reading of the suicidal note in its entirety would not
suggest any nexus or proximity with the suicide. The note does not
bear any date, nor any sort of allegations against applicants.
Whatsapp messages appears to be a routine affair between co-
employees. There may not be a justification for the superior officer
to recover costs of missing articles, however, communication to that
effect does not amount to abetement to commit suicide. Likewise
denial of transfer by the superior officer, by no stretch of imagination
can assume a character of instigation with adequate mensria.
8. The material collected during the course of investigation,
even if accepted at its face value, it falls short to make out the
alleged offence. Continuation of such prosecution would amount to
an abuse of the process of Court. In order to secure the ends of
justice, we deem it proper to invoke our inherent jurisdiction vested
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Judgment apl639.22
under Section 482 of the Code of Criminal Procedure. Criminal
Application is accordingly allowed and disposed of.
9. The first information report bearing Crime No.1216/2021
registered with Rajapeth Police Station, Amravati for the offence
punishable under Section 306 read with Section 34 of the Indian
Penal Code is hereby quashed and set aside.
10. Pending misc. applications if any, also stands disposed of.
JUDGE JUDGE
Rgd.
Signed By:RAKESH GANESHLAL
DHURIYA
Private Secretary
High Court of Bombay, at Nagpur
Signing Date:16.03.2023 11:03
