DEEPAK PRABHAKARRAO CHONDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Taken up for final hearing by consent at the stage of admission. Heard submissions at the Bar. The Petitioners have prayed for to quash and set aside the charge-sheet dated 30/12/2010, in Criminal Case No.114 of 2010, filed before the Judicial Magistrate, Kelapur, Taluka Kelapur, District Yavatmal (copy annexed with the petitions). The Petitioners were charge-sheeted for alleged offences punishable under Section 306 and 284 read with Section 34 of the Indian Penal Code.

(2.) Pandharkawada Police Station in District Yavatmal reported that on 22/02/2010, Deputy Conservator of Forest Shri. Gopalrao Kisanrao Kale at about 7.00 to 9.30 a.m., at his official residence had3 consumed poison and committed suicide. The oral report was lodged by one Shri. Shamu Bhadu Rathod and accidental death case was registered as A D Case No. 16 of 2010 under Section 174 of the Criminal Procedure Code. An alleged suicide note was seized mentioning thus:-

(3.) On behalf of the Petitioners it is submitted that the alleged suicide note is vague as it accuses the petitioners that they revealed the information to journalists who published the News reports. It is contended that when an hypersensitive, depressed or mentally quite infirm person take a drastic step to end his life or a person commit suicide in utter fit of anger and emotion it can not be said that the suicide was abetted. Forest Officials in Pandharkawada were required to look after the Forest administration, perform duties to explore, regenerate and protect the forest in accordance with the sanctioned working plan. The Divisional Forest Officials are required to conduct Sale, Contract, supply material to department and the Public and to raise revenue and control the expenditure and to deal with the forest cases with requisite transparency. The accusations in the Chargesheet were not at all made out as there was no prima facie ground whatsoever to believe and proceed ahead with accusations of alleged extortion and abetment against them. Although Petitioners as Government officials were discharging their official duties and were sought to be prosecuted on the ground of work of the government officials allegedly creating hurdles and not helping in the Government work, cognizance is prima facie barred as no statutorily required sanction was obtained by the investigating agency to prosecute them as contemplated under section 197 of the Code of Criminal Procedure. The Petitioner in Criminal Writ Petition No. 107 of 2011 is a Range Forest Officer. He had worked only for five months under the deceased Gopal Kale, that too in two separate spells in the year 2009 and 2010. The Petitioner in Criminal Writ Petition No. 108 of 2011 had been subordinate to the deceased and was appointed as Public Information Officer by the deceased himself and it was his official duty as such to furnish information required by members of Public. It is urged that even if the version of the prosecution is accepted as a gospel truth imputations made in suicide note can never be construed as an act of abetment to the deceased for to commit suicide or his extortion. It is absolutely illogical to say that the subordinate officer lower in authority would be in a position to mentally harass the superior officer when superior officer is able to take departmental action for disobedience, if any and use his power and authority and report for administrative action like suspension, transfer, etc. There was never any such report against the Petitioner Shri. Rajendra Tongo. On the contrary deceased had given outstanding report in favor of the Petitioner. The Petitioner in Criminal Writ Petition No. 109 of 2011 Shri. Potulwar is a Logging Officer at Pandharkawada and he was subordinate officer of Shri. Gopal Kale and had also worked as Information Officer under Right to Information Act. The Petitioners even assuming that they had supplied information to the journalists were acting within the course of discharge of their duties and never did anything which could engineer the suicide of Late. Shri Gopal Kale.