CRIMINAL APPLICATION (APL) NO. 556 OF 2019

11th March 2020

Petitioner Counsel: Shri A.R. Patil
Respondent Counsel: Shri V.A. Thakare Shri R.R. Vyas
Act Name: Code of Criminal Procedure, 1973 Indian Penal Code, 1860

Section :
Section 482 Code of Criminal Procedure, 1973 Section 34 Indian Penal Code, 1860 Section 306 Indian Penal Code, 1860

Cases Cited :

JUDGEMENT

PUSHPA V. GANEDIWALA, J.

This is an application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of First Information Report No. 173/2019 dated 25/03/2019 registered at Police Station Bela, Tahsil Umred, District Nagpur for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code.

2. We have heard Shri Patil, learned Counsel for applicant, Shri Thakare, learned Additional Public Prosecutor for respondent No. 1 – State and Shri Vyas, learned Counsel for respondent No. 2.

3. We have also perused the application, affidavits-in-reply on behalf of respondent Nos. 1 and 2 and the documents annexed herewith. The present applicant is working as Assistant Executive Engineer at Sub-Division Irrigation Department, Bela. The allegation against the applicant in the impugned First Information Report is that she along with co-accused – Pankaj Sonekar, Assistant Executive Engineer, Bela are responsible for the suicide of the employee – Ramesh Shyamrao Raut, Junior Clerk, Sub-Division Irrigation Department, Bela.

4. It is further alleged that the present petitioner along with Sonekar compelled the deceased Ramesh to annex Medical Certificate issued by the Government Hospital to justify his medical leave and for want of medical Certificate issued by the Government Hospital they were not allowing the employee to resume his duties.

5. Considering the nature of the allegations which prima facie show that the present applicant was performing her administrative duty in the office and which cannot be said to be an instigation or intentional aid to commit suicide. There is nothing on record to show that the present applicant along with Sonekar intentionally aided the deceased Ramesh to commit suicide.

6. For the reasons aforstated, in our considered opinion, prosecution of the applicant for the aforesaid offence would be an abuse of process of law and, therefore, we are inclined to allow the application and the same is accordingly allowed. Hence, we passed the following order :
i) The First Information Report No. 173/2019 dated 25/03/2019 registered at Police Station Bela, Tahsil Umred, District Nagpur for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code stands quashed and set aside against the present applicant.

7. The criminal application is disposed of accordingly.