PANDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties. Rule. Heard forthwith by consent of parties.

(2.) By means of this application under Section 482 of Criminal Procedure Code, the applicants have questioned the initiation of criminal proceedings via FIR No. 135/2010, dated 07/07/2010, registered under Section 306 read with section 34 of the Indian Penal Code with the Police Station, Buldhana (City), as also the consequent charge-sheet bearing no. 161/ 2010, dated 19/10/2010 and prayed to quash FIR No. 135/2010 and chargesheet no. 161/ 2010.

(3.) On the basis of report lodged by respondent no.2 (FIR No. 135/2010), dated 07/07/2010, offence punishable under Section 306 read with Section 34 of the Indian Penal Code has been registered against the present applicants. Applicant no. 1 is serving as Executive Engineer in Minor Irrigation Department, Buldhana while applicant no. 2 is serving as Senior Grade Clerk in the same department. It was reported by non-applicant no. 2 namely Vijay Shrawan Bagde to the police on 07/07/2010, that deceased Rekha was his sister. On 04/07/2010, at about 9.15 O' clock in the night, he had received information from one Sunil r/o. Buldhana, that Rekha admitted in General Hospital, Buldhana, as she had received burnt injuries. Accordingly, on 05/07/2010, at about 7.00 am, he approached to the General Hospital, Buldhana and saw his sister lying on the bed with burnt injuries on her person and undergoing treatment there. At that time, Sunil, Sharad Jadhav and 2-3 other persons from her office were present. At that time he enquired with his sister as to what had happened. Thereupon she replied that, Ms. Vitalkar, senior clerk working in her office was in need of draft of difference of VI Pay Commission, and hence she had asked her to get it from her computer. Ms. Vitalkar (applicant no.2) had told the said matter to Shri. Somwanshi Saheb, the Executive Engineer (applicant no.l) and thereupon Mr. Somwanshi asked Rekha not to cross madam (Ms. Vitalkar), and also transferred her to Akola and harassed her indirectly and hence on 4.07.10 at 7.15 O'clock in the evening, she had set herself on fire after pouring kerosene on her person in her residential house on getting fed up with the harassment at the hands of Mr. Somwanshi and Ms. Vitalkar. Mr. Jadhav, Clerk working in her office admitted her in General Hospital, Buldhana for treatment. Mr. Shravan Bagde, brother of the deceased, reported that his sister died at about 9.45 pm on 07/07/2010, and requested to take action against the present applicants.