VIKRANT JAGANNATH JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present proceeding is fled for relief of quashing of F.I.R. No. 25/2019 registered with Jinsi Police Station, Aurangabad for the ofence punishable under section 306 r/w. 34 of Indian Penal Code and also Regular Criminal Case No. 1621/2019 fled in the crime for the said ofence. oth the sides are heard.

(2.) The crime was registered on the basis of report given by one Pravin Chilghar. Deceased Krushna Chilghar was his elder brother. It is contended that in the past, Krushna was working as driver on four wheeler of main accused J.K. Jadhav. According to him, till the year 2016 Krushna worked as driver. It is contended that about one year prior to the date of incident, Krushna was removed from the job and after that he had started plying auto- rickshaw. It is his contention that when Krushna was working with J.K. Jadhav, promise was given to Krushna by J.K. Jadhav that Krushna will be appointed as Peon in the college which was run by J.K. Jadhav. There was condition that Krushna should pay Rs. 5 lakh for getting that job. It is the contention of informant that the deceased had given Rs.3.5 lakh for getting that job and he had given Rs.60,000/- subsequently after obtaining loan in the name of his wife and he had given amount of Rs. 1 lakh more by taking loan in his name from Lok Vikas ank. It is his contention that Lok Vikas ank is totally under control of J.K. Jadhav. It is contended that the amount which was taken as loan from Lok Vikas ank was taken by J.K. Jadhav and this was to be used as part of the total amount of Rs.5 lakh which was to be given for getting the job of peon.

(3.) It is the contention of the informant that subsequently the bank ofcers started insisting the deceased to make repayment of the loan amount and then cheque was obtained in respect of the loan amount from the deceased. It is contended that the said cheque bounced and case under section 138 of Negotiable Instruments Act was fled against the deceased. It is contended that the bank ofcers and J.K. Jadhav used to harass the deceased and they used to take him to the house of J.K. Jadhav for giving threats. It is contended that present applicant Vikrant who is son of J.K. Jadhav was also giving threats of life to the deceased. It is contended that ultimately due to the harassment and aforesaid circumstances, Krushna committed suicide by hanging himself at his residential place on 17.1.2019. It is contended that Krushna has left behind the suicide note in which he blamed J.K. Jadhav, his son Vikrant and others. When the incident took place on 17.1.2019 the F.I.R. came to be given on the same day.