GAUTAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present proceeding under Section 482 of the Code of Criminal Procedure, the applicant is praying for quashing and setting aside the First Information Report vide Crime No. 82 of 2016 dated 10th March, 2016 registered with Police Station, Washim City, Tal & Dist. Washim for the offence punishable under Section 306 of Indian Penal Code against the applicant.

(2.) It is the case of the prosecution that one Baban Waman Shelke who is the brother of deceased Sanjay Waman Shelke lodged a criminal report on 10th March, 2016, stating therein that his brother Sanjay was working at Panchayat Samiti, Malegaon as Gram Sevak and he was subjected to harassment at the hands of accused persons. It is further alleged that due to the harassment at the hands of the accused persons, the deceased committed suicide.

(3.) It is the further case of the prosecution that near the dead body of the deceased Sanjay Shelke, one suicide note was found and in the said suicide note there was a mention of a diary which was recovered during the course of investigation and in the said diary the name of the applicant was mentioned by the deceased, to the effect that the present applicant and one Gajanan Lokhande have taken Rs.2,00,000/- from the deceased Sanjay Shelke and they have not returned back the said amount to the deceased.