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2013 DIGILAW 2083 (BOM)

Pravin s/o. Baliram Rakh v. State of Maharashtra

2013-10-07

A.I.S.CHEEMA, K.U.CHANDIWAL

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JUDGMENT K.U. CHANDIWAL, J. 1.Heard extensively. Rule was issued on 9.5.2012 and investigation in Crime No. 174/2011, registered at Patoda Police Station was stayed by learned single Judge of this Court. 2. Deceased Bharat had allegedly paid Rs.3 Lakhs to Baliram Rakh in order to get employment either to his brother-in-law Sandip or for somebody, on 5.6.2007. Persistent demand did not yield any result. On 2.11.2011, in the night, when Bharat had demanded the amount of Rs.3 Lakhs, he was assaulted by the applicant No.1 Pravin and applicant No.2 Kamlabai and few villagers had also abused. In fact, prior thereto, deceased had also informed police of his intention to commit suicide as he could not bear brunt of non refund of amount by the applicant No.1 Pravin or his father. Deceased ultimately committed suicide on 4.11.2011, giving rise to aforesaid EI.R. 3. We have gone through the investigation papers. The death note found in the pocket at the time of inquest is perused. It primarily implicates the accused/ applicants as to thrashing the deceased and also non compliance of payment of Rs.3 Lakhs. 4. Mr. Nagargoje says, Sandip, the brother-in-law allegedly could not be employed as in the year 2007 he was 16 to 17 years old and the incident of suicide has taken place on 4.11.2011. 5. At this stage of the matter, we do not wish to advert to these facts, as giving appointment to Sandip or to any other person is a matter of evidence and the competency of the person receiving the amount. The fact remains, in unequivocal terms, deceased Bharat has indicated of releasing Rs.3 Lakhs. The act of suicide on 4.11.2011 has a prelude and a back-flash. The learned counsel for applicants says, offence of abetment having not taken place, its benefit be extended. The matter being at a preliminary stage, the issues involved, giving rise to F.I.R. cannot be seen in their true perspective without sufficient material. It appears, applicants have primarily instigated deceased for extreme step. 6. Learned counsel for the applicants placed reliance on Sanju @ Sanjay Singh Sengar Vs. State of M.P. ( AIR 2002 SC 1998 ) and the reported judgment of the Apex Court in the case of Didigam Bikshapathi & anr. Vs. State of A.P. (2008 CRIL.J. 724) : [2008 ALL MR (Cri) 870 (S.C.)]. Paragraph Nos.10 and 11 thereof read as under: 10. State of M.P. ( AIR 2002 SC 1998 ) and the reported judgment of the Apex Court in the case of Didigam Bikshapathi & anr. Vs. State of A.P. (2008 CRIL.J. 724) : [2008 ALL MR (Cri) 870 (S.C.)]. Paragraph Nos.10 and 11 thereof read as under: 10. As noted above, the powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard and fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage (See State of Orissa V. Saroj Kumar Sahoo (2005) 13 SCC 540 and Minu Kumari V. State of Bihar AIR 2006 SC 1937 ). 11. The suicide note clearly refers to the background in which the victim took the extreme step of taking away his own life by committing suicide. It is not a case where there is no reference to any act by the accused. In Netaj Dutta's case (supra) para 6 it was observed as follows : "6. In the suicide note, except referring to the name of the appellant at two places, there is no reference of any act or influence whereby the appellant herein is alleged to have committed any wilful act or omission or intentionally aided or instigated the deceased Pranab Kumar Nag in committing the act of suicide. There is no case that the appellant has played any part or any role in any conspiracy, which ultimately instigated or resulted in the commission of suicide by deceased Pranab Kumar Nag.' 7. There should not be a microscopic evaluation of the F.I.R. at this stage. Consequently, Criminal Application is dismissed. Rule discharged. Interim relief is vacated. There is no case that the appellant has played any part or any role in any conspiracy, which ultimately instigated or resulted in the commission of suicide by deceased Pranab Kumar Nag.' 7. There should not be a microscopic evaluation of the F.I.R. at this stage. Consequently, Criminal Application is dismissed. Rule discharged. Interim relief is vacated. Application dismissed.