NILESHKUMAR LAKSHMICHAND SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Atrocities Act') read with Sec. 438 of the Code of Criminal Procedure, 1973, the appellant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being I-C.R. No.11187002230405 of 2023 registered with Balasinor Police Station, Mahisagar.

(2.) Heard learned advocate Mr.M.A.Chauhan appearing for appellant, learned APP Mr.S.M.Joshi for the respondent ' State and Ms.Ratna Vara appearing for the respondent No.2.

(3.) Learned advocate Mr.Chauhan would submit that initially A.D.Case No.3 of 2023 was registered with Balasinor Police Station, whereupon after thorough investigation, Dy.SP, Lunawada filed report to SDM stating that cause of death is heart attack and therefore, no offence is made out. It is submitted that thereafter, first informant ' Kokilaben approached learned Special Judge by way of filing Criminal Inquiry which was registered as Criminal Inquiry No.3 of 2023, whereby, learned Special Judge exercised powers under Sec. 156 of Cr.P.C. and directed concerned Police Station to register FIR. Pursuant to order dtd. 2/9/2023 FIR came to be registered. He further submitted that if allegations levelled against the appellant is taken as gospel truth, then also, it does not constitute offence under Sec. 306 of IPC as necessary ingredients of abatement of suicide defined under Sec. 107 of IPC are missing. He would further submit that even as per FIR deceased was working in Mamlatdar office. Deceased was issued show cause notice by the higher officers and that cannot be considered as abatement to commit suicide. He further submitted that there is no allegation of harassment which led the deceased to commit suicide. It is further submitted that in fact prosecution papers does not indicate that deceased has committed suicide. Cause of death as per PM report is heart attack and heart attack may have many reasons. Issuance of show cause notice by any means can be considered as abatement to commit suicide or instigating or goading person to commit suicide. It is further submitted that the appellant belong to ST community and caste certificate is produced on record and therefore, offence under Atrocities Act is not out against the appellant. It is further argued that the appellant was government servant and he has retired on 31/1/2022 and the alleged incident took place on 29/1/2023. It is submitted that there is no incident alleged to have been committed by the appellant which instigated the deceased to commit suicide. In view of above, it is submitted to give benefit of extraordinary relief. In support of above submission, learned advocate for the appellant has relied on judgment of Hon'ble Apex Court in the case of Vaijnath Kondiba Khandke vs/. State of Maharashtra [Criminal Appeal No.705 of 2018] and Mohit Singhal v/s. State of Uttarakhand [Criminal Appeal No.3578 of 2023].