[Cites 7, Cited by 0]
Bombay High Court
Madhav S/O Motiram Pandharpur Alias ... vs State Of Maharashtra Through Police ... on 12 December, 2025
2025:BHC-NAG:14109-DB
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 806 OF 2025
Madhav s/o Moitram Pandharpur @
Madhav Patil
Aged about 51 years,
Occupation : Private, R/o Swami
Krupa Apartment, Kashi Nagar,
Aniket Road Khamgaon,
Dist. Buldhana ...APPLICANT
// V E R S U S //
1. State of Maharashtra,
through Police Station Ramtek,
Dist. Nagpur (Rural)
2. Bharti Anand Khante, NON-APPLICANTS
Aged about 35 years,
Occu: Private,
R/o C/o Tagelal Bhagat,
Gandhi Chowk, Rajaji Ward,
Ramtek, Nagpur
--------------------------------------------------------------------------------------------
Mr Kanak Mandpe, Advocate for the applicant.
Mr N.B. Jawade, APP for non-applicant No.1/State.
Mr. Tushar U. Tathod, Advocate for non-applicant No.2.
--------------------------------------------------------------------------------------------
CORAM : URMILA JOSHI PHALKE, J. AND
NANDESH S. DESHPANDE, JJ.
DATE OF RESERVING THE JUDGMENT : 02.12.2025
DATE OF PRONOUNCEMENT OF THE JUDGMENT : 12.12.2025
J U D G M E N T :
(PER : NANDESH S. DESHPANDE, J.)
1. Heard.
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2. ADMIT. Heard finally by the consent of learned
counsel for the parties.
3. The applicant has prayed for quashing and setting
aside First Information Report No.278/2025 dated 06.04.2025
registered with Police Station Ramtek Nagpur (Rural) for the
offences punishable under Sections 108, 316(2), 316(5), 318(6)
read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for
short, 'the BNS, 2023').
4. The non-applicant No.2 lodged an First Information
Report and as per the contents of the said First Information
Report, Anand Khante committed suicide by hanging from tree.
Therefore, the marg report was registered by the non-applicant
No.1 police station and subsequently on 06.04.2025 the non-
applicant No.2/complainant gave a report to the police station.
The said non-applicant No.2 is the wife of deceased/victim.
5. In the said complaint, the non-applicant No.2 stated
that the present applicant approached the victim in the year 2023
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and had stated that he wanted to do business in partnership with
the deceased. The applicant/accused further stated that he was
having a business entity namely Kadambari Farms and for the said
purpose SHED-NET provided to the farmers. The victim initially
started a business namely M/S. Suman Agro Firm. It was
accordingly, decided that a loan will have to be obtained for the
purpose of providing shed to the farmers. In pursuance of the said
business the accused as well as the victim obtained loan from
Union Bank of India and the said bank transferred amount in the
account of the present accused as well as victim (Anand Khante).
On request of the applicant, the victim thereafter transferred the
amount of the loan to the account of applicant Madhav Patil. Both
of them i.e. applicant and victim approached the farmers in
Ramtek area and informed them about the scheme of the
Government and stated that they would be benefited by the said
scheme. It is further alleged in the First Information Report that
the present applicant never brought any material as regard the
said SHED-NET and did not provide the same to the farmers.
The farmers therefore, time and again began approaching the
victim for the said material and were enquiring with them.
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Subsequently, as the loan remained unpaid, the Bank Officers also
started demanding amount of loan from the present applicant.
Further more since loan was not returned, one of the co-accused
namely Ashish Godhane without consent of victim transferred an
amount of Rs.40 Lakhs to the account of the victim i.e. Anand
Khante. First Information Report further alleges that the present
applicant thereafter harassed the victim and the bank officers as
well as farmers were continuously demanding the amount of
money which subsequently resulted in the victim committing
suicide on 02.04.2025. Thus, First Information Report as stated
above was lodged which is challenged in the present application.
6. We have heard Mr. Kanak Mandpe, learned counsel
for the applicant, Mr. N.B. Jawade, learned APP for the State and
Mr. Tushar U. Tathod, learned counsel for non-applicant No.2.
7. Mr. Mandpe, learned counsel for the applicant submits
that the meaningful reading of the First Information Report would
reveal that no offence much less as punishable under Section 107
of the Bharatiya Nyaya Sanhita, 2023 is directed as against the
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present applicant. He further submits that there is no overt act so
as to constitute abetment as contemplated under the said Section
and therefore, there is no mens rea to commit offence. He further
submits that for attracting the provisions of Section 107, an active
or direct act which lead the deceased to commit suicide without he
being left with more option has to be shown by the prosecution
and therefore, the First Information Report lacks of material
particulars to implicate the accused.
8. Learned APP while opposing the contentions
advanced by learned counsel for the applicant states that prima-
facie there is case of abetment of suicide and the applicant has
instigated for the same. He further submits that the Investigating
Agency during the course of investigation has recorded the
statement of victim/complainant and has also collected bank
documents. He has further submitted that statement of the farmers
was also recorded and modus operandi of the present applicant is
such that he is involved in similar crimes earlier. He therefore,
submits that a Special Investigation Team is constituted for
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investigating the said crime. He therefore, submits that this is not
a fit case to exercise jurisdiction under Section 482 of the Cr.P.C.
9. Learned counsel for the non-applicant No.2 while
supporting the contentions canvassed by the learned APP and
submits that the applicant herein is involved in similar types of
offences and First Information Report for offence punishable under
Section 108 is registered vide First Information Report
No.278/2025. While taking us through the said First Information
Report he states that the methodology of the applicant is similar
in nature which has resulted in harassment to the farmers.
10. In the backdrop of these facts, we have perused the
First Information Report in question. The offence punishable is
under Section 45 of the BNS (Section 107 of the I.P.C.) which
reads as under:-
"45, Abetment of a thing.- A person abets the doing
of a thing, who --
(a) instigates any person to do that thing; or
(b) engages with one or more other person or
persons in any conspiracy for the doing of that thing,
if an act or illegal omission takes place in pursuance
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of that conspiracy, and in order to the doing of that
thing; or
(c) intentionally aids, by any act or illegal omission,
the doing of that thing.
Section 107 of the IPC
107. Abetment of a thing.- A person abets the doing
of a thing, who
First.- Instigates any person to do that thing; or
Secondly.- Engage with one or more other person or
persons in any conspiracy for the doing of that
thing, if an act or illegal omission takes place in
pursuance of that conspiracy, and in order to the
doing of that thing or
Thirdly.- Intentionally aids, by any act or illegal
omission, the doing of that thing."
Further more Section 108 of the BNS reads as under:-
"108. Abetment of suicide.- If any person commits
suicide, whoever abets the commission of such suicide,
shall be punished with imprisonment of either
description for a term which may extend to ten years,
and shall also be liable to fine.
Section 306 of the IPC
"306. Abetment of suicide.
"If any person commits suicide, whoever abets the
commission of such suicide, shall be punished with
imprisonment of either description for a term
which may extend to ten years, and shall also be
liable to fine."
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11. It is well settled principle of law by various judicial
pronouncement that for attracting offence under Section 108,
what is required is a direct or proximate act which leads the
deceased to commit suicide he having left with no option. Further
more, it is also settled that the act of instigation or abetment
should be having direct nexus with the act of committing suicide.
12. If the contents of the First Information Report in
question are tested on the touch stone of settled principle of law,
stated supra, prima-facie there is material against the present
applicant as the First Information Report spells out detail
methodology of the applicant to drive the persons like the husband
of the complainant to drive suicide. Further more, we cannot loose
sight of the fact that as stated by the prosecution, similar First
Information Report for identical offence has been registered
against the applicant bearing First Information Report
Nos.0278/2025 and 0305/2025. It is a settled principle of law
that powers under Section 482 of Criminal Procedure Code has to
be exercised sparingly and with great circumspection. It is also
settled that the said powers are not to be resorted to stifle
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legitimate prosecution when the aspects involved would require a
full fledge trial wherein allegations and counter allegations would
be tested on the anvil of cross-examination. A beneficial reference
in that regard can be made to the judgment of the Hon'ble Apex
Court in The State of Madhya Pradesh Vs. Laxmi Narayan and
others reported in (2019) 5 SCC 688. Thus, we are of the
considered view that this is not a fit case to exercise jurisdiction
under Section 482 of the Criminal Procedure Code.
13. In the result, we pass the following order:
ORDER.
(i) The Criminal Application is rejected.
14. The criminal application stands disposed of.
Pending application, if any, also stands disposed of.
[NANDESH S. DESHPANDE, J] [ URMILA JOSHI PHALKE, J.)
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 12/12/2025 15:53:15
