Bombay High Court
Deepak S/O Trimbakrao Patil And 3 Others vs The State Of Maharashtra, Thr. Pso, ... on 15 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:645-DB
1 916.apl.951.21-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO. 951/2021
1. Deepak S/o. Trimbakrao Patil,
Aged about 60 years, Occupation : Advocate,
R/o. Shahu Nagar, Chaitnyawadi, Buldhana,
Tah. and Dist. Buldhana.
2. Dr. Arti D/o. Trimbakrao Patil,
Aged about 55 years,
Occupation : Medical Practitioner,
R/o. Shahu Nagar, Chaitnyawadi, Buldhana,
Tah. and Dist. Buldhana.
3. Varsha W/o. Rajdharsing Rajput,
Aged about 51 years,
Occupation : Head Mistress,
R/o. Ashtavinayak Nagar, Mahajan Lay-out,
Buldhana, Tah. and Dist. Buldhana.
4. Dinesh S/o. Dhondu Phase,
Aged about 44 years, Occupation : Clerk,
R/o. Rajmata Nagar, Sunderkhed, Buldhana,
Tah. and Dist. Buldhana. ... PETITIONERS
...VERSUS...
1. The State of Maharashtra
Through Police Station Officer,
Police Station Dhad,
Tah. and Dist. Buldhana.
2. Uttam S/o. Bideshsinha Rajput,
Aged about 77 years, Occupation : Retired,
R/o. Shikshak Colony, Jijamata Nagar,
In front of Lahane Complex, Buldhana,
Tah. and Dist. Buldhana. ... RESPONDENTS
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Mr. N. B. Kalwaghe, Advocate for Applicants.
Mr. M. J. Khan, A.P.P. for Non-applicant/State.
Mr. V. A. Lohiya, Advocate h/f. Mr. D. R. Khapre, Advocate for
Non-applicant No.2.
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2 916.apl.951.21-J.odt
CORAM : VINAY JOSHI AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED :- 15.01.2024
ORAL JUDGMENT (PER : VINAY JOSHI, J.):-
1. Rule. Rule is made returnable forthwith. Heard finally by
consent of learned counsel appearing for the parties.
2. By this application, the applicants are seeking to quash First
Information Report in Crime No. 280/2021 registered with respondent No.1
- Police Station, Dhad, District Buldhana for the offence punishable under
Section 306 read with Section 34 of the Indian Penal Code.
3. At the inception, two things strikes us, firstly, there is no material
that deceased met with suicidal death and secondly, after a gap of nine
years from the removal of service, deceased committed suicide. With such
inherent weaknesses, we have examined the entire material with a view to
see whether prima facie case has been made out.
4. The deceased was serving as a Peon with educational institution
namely Ganesha Shikshan Sanstha, Buldhana. The applicant No.1 is a
Secretary, No. 2 is a President, No.3 is a Headmaster and No. 4 is a Clerk in
the concerned educational institution. The informant is maternal cousin
brother of the deceased - Vijaysingh Patil.
3 916.apl.951.21-J.odt
5. It is the informant's case that the institution was controlled and
run by the applicant No.1 - Deepak Patil. In the year 1998, Deepak Patil
did some misdeeds with the pupil for which there was a news item
published in daily news paper. The applicants were suspecting that at the
instance of deceased Peon, they have been defamed and therefore, they
started to harass him. The deceased was not allowed to perform duty and
therefore, he was under harassment. The deceased also ventilated his
grievance to various authorities about the harassment. However, finally, by
getting rid of harassment, he committed suicide on 30.07.2021. On the
following day at the instance of the informant, crime has been registered.
6. Learned Counsel Mr. Kalwaghe for the applicants has initially
attracted our attention to the post-mortem notes showing that the death
was due to heart attack. The probable cause of the death was stated as
"opinion as to cause of death is due to Acute myocardial infraction". Besides
that, Medical Officer has noted that heart was enlarged, there was
blockages in both coronary arteries. Needless to say that in order to stand
the prosecution for the offence punishable Section 306 of the Indian Penal
Code, it is incumbent upon the prosecution to establish that the deceased
met with suicidal death. With this inherent lacuna, we have examined the
material collected during investigation.
4 916.apl.951.21-J.odt
7. The learned Counsel for the applicants would submit that since
there were some lapses on the part of the deceased Peon, departmental
enquiry was conducted, which culminated into dismissal of the petitioner on
28.05.2013. The said order of dismissal was not challenged by the
deceased before the Competent Forum. Virtually, after 2013, there was no
connection of the institution with the deceased. In such a background,
deceased committed suicide on 30.07.2021. He has also attracted our
attention to an enquiry conducted by the Education Officer in the year 2010
holding that the allegations leveled by the deceased against the institution
are baseless. Per contra, the learned Counsel appearing for the informant
has shown us correspondence majorly of the year 2007 where the deceased
has narrated as to how the applicants are harassing him by every possible
mode. Our attention has been invited that right from the year 2007, the
deceased has signaled to the institution that if his grievances are not
redressed, he would commit suicide. On and often, the deceased made such
complaints to the various authorities, majorly, in the year 2007, 2008 and
then on 2017 and in the year 2020.
8. It is argued that right from the beginning, the deceased
expressed his intention to commit suicide of which care was not taken by
the institution. We are not ready to accept this submission since the
communication expressing suicide that by itself does not cast any obligation
on the institution to budge the request since by the process enquiry was
5 916.apl.951.21-J.odt
conducted and he was terminated. It strikes us that though deceased was
terminated in the year 2013, he never challenged the said order. We are
unable to comprehend the things that though termination was of the year
2013, alleged suicidal death was after nine years i.e. in the year 2021. The
law is fairly well settled that in order to make out a case of abetment, there
must be a nexus rather a proximate act of the accused to show that their act
was of such a nature that the deceased had no alternative but to commit
suicide.
9. In this regard, we like to refer the decisions of the Hon'ble
Supreme Court in the cases of :
1] Swamy Prahalddas Vs. State of M.P. and Another
[1995 Supp (3) SCC 438.
2] Sanju Alias Sanjay Singh Sengar Vs. State of M.P.
[(2002) 5 SCC 371].
3] Madan Mohan Singh Vs. State of Gujrat and Another
[(2010) 8 SCC 628].
4] S.S. Chheena Vs. Vijay Kumar Mahajan and Another
[(2010) 12 SCC 190.
5] M. Mohan Vs. State Represented by the Deputy
Superintendent of Police [(2011) 3 SCC 626.
6] Geo Varghese Vs. State of Rajasthan and Another
[2021 SCC Online SC 873].
7] Ramesh Kumar Vs. State of Chhattisgarh
[[2001] 9 SCC 618].
8] Ude Singh and Others Vs. State of Haryana
[2019 SCC Online SC 924].
10. We have examined the prosecution case on said set of
parameters. True, on the following day of the death of Vijaysingh, report
6 916.apl.951.21-J.odt
has been lodged but the report by itself does not make out any act of
instigation or incitement on the part of the applicants to construe as an
abetment within the meaning of Section 107 of the Indian Penal Code.
Already the deceased was out of service for nine years. It reveals that for a
decade, deceased was behind the institution raising his demand that too
without applying a legal recourse. Making communication and giving threat
of suicide is not a way for redressal of grievance. Apart, we see no positive
act on the part of the applicants, which has any nexus with the so called
suicidal death.
11. The learned Counsel for the informant has not disputed the fact
that termination of Peon was in the year 2013 whilst he died by heart attack
in the year 2021. However, he would submit that during trial, he can
cross-examine the Medical Officer to contradict the cause of death. This
would be a very far-fetching exercise, which we shall not permit in any
exigency. Absolutely, we find no material to connect the applicants with the
death of Vijaysingh, which is now tried to be coloured as a suicidal death.
Facing a criminal trial has serious consequences, which humiliates a citizens
rather it would lower the moral of a citizens without reason.
12. In view of the settled legal position in the field, no prima facie
case has been made out. The case in hand falls in the category (1) and (3)
of the guidelines issued by the Hon'ble Supreme Court in the case of State
7 916.apl.951.21-J.odt
of Haryana and others Vs. Bhajanlal and others reported in 1992 Supp. (1)
SCC 335. The prosecution fails on both counts that suicidal death is not
made out nor there exist material to show positive act of the applicant.
Continuation of prosecution would amount to abuse of the process of Court.
In view of the above, application is allowed.
13. We hereby quash and set aside the First Information Report in
Crime No. 280/2021 registered with respondent No.1 - Police Station,
Dhad, District Buldhana for the offences punishable under Section 306 read
with Section 34 of the Indian Penal Code.
14. Rule is made absolute in the above terms.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 17/01/2024 17:53:57
