M. SRINIVASA REDDY Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. By this criminal writ petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (for short, 'the Code'), the petitioner seeks quashing of First Information Report dated 26.03.2020 bearing Crime No.211 of 2021 registered at Police Station Dharni for the offence punishable under Section 306 of the Indian Penal Code (for short, 'the Penal Code').

(2.) It is the case of the prosecution that on 25.03.2021 one Smt.Deepali Rajesh Mohite/Deepali Janardan Chavan who was working as Range Forest Officer with the Forest Department committed suicide. The First Information Report was lodged by respondent no.2-her husband on 26.03.2021 at about 03.59 hours. As per the said report, the wife of the respondent no.2 was residing with him at Harisal alongwith her mother. On 25.03.2021 the respondent no.2 after finishing his duties at the Treasury Office started to return home in the evening. At about 7.00 p.m. he made a phone call to his wife. His wife told him that she wanted to see him for the last time and that she had no interest in living further. The respondent no.2 therefore immediately made a phone call to his servants to enquire as to what was transpiring at home.

(3.) Based on the aforesaid First Information Report the investigation commenced and material in the form of three chits written by the deceased was collected by the prosecution. Statements of various persons were also recorded. In the process of investigation the petitioner was arrested and subsequently by an order passed under Section 439 of the Code he was enlarged on bail. Thereafter on 03.05.2021 the present proceedings were filed seeking quashing of the First Information Report.