SUBHASHBHAI VADILAL BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this group of three petitions, petitioners pray for quashing of FIR lodged at Navrangpura police station as C.R.No.I -494 of 2009 for offence punishable under Section 306 read with Section 114 of Indian Penal Code.

(2.) CRIMINAL Miscellaneous Application No.10720 of 2009 is filed by Principal of H.K.Arts College, Criminal Miscellaneous Application No.10721 of 2009 is filed by Senior Clerk of the said college and the third petition is filed by the trustees of Gujarat Vidhyasabha Trust. The said trust manages H.K.Arts College. There is also another trust namely Brahmchari Wadi Trust. The said trust runs BBA College. The deceased herein was working as a Senior Clerk since last about 20 years in BBA college.

(3.) THE incident is said to have occurred on 5.9.2009. The deceased has said to have committed suicide by falling across the goods train in the morning on the said date. The complainant is uncle of the deceased ­ not real uncle but distant in relation. It is the say of the complainant that he had received a miss -call from the wife of the deceased. In response to the said miss -call, the complainant had telephonic talk with the wife of the deceased. She said to the complainant that deceased had left the house in the morning to drop their child at school but since then the deceased has not returned back to home. So complainant rushed to her house where friends and co -workers of the deceased were present. One of the friends namely Ashok said that he had received message on his mobile from the deceased to collect diary and cassette from the cupboard. Accordingly, diary was found from the cupboard. Diary's writing is in first person. In the said diary, suicide note was found. Writing of 4.9.2009 reads thus: that trustees of Gujarat Vidhyasabha Trust and Brahmchari Wadi Trust are bad persons. They are highly corrupt. That they have damaged the institution like anything. It is my request to take appropriate steps against them. Sweet remembrances to my kids and my family members. The present moment is very bad moment. I am taking this step because of the trustees of my college. It is the say of the complainant that on account of harassment caused by the petitioners to the deceased, the deceased has committed suicide.