MAHESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicants herein, who are accused in crime no. 711 of 2021 registered with M.I.D.C. Police Station, Ahmednagar for the offence punishable under Sec. 306 r/w 34 of IPC, have invoked the jurisdiction of this Court under Sec. 482 of Cr.P.C. for the following relief :

(2.) Deceased Pratik, who lived with his parents, brother and sister at Telkudgaon, Taluka Newasa, was working as a clerk in Mula Education Society, Sonai. Applicants-accused were also serving there.

(3.) Learned counsel for the applicants would submit that present complaint is a sheer abuse of law. He pointed out that false and baseless allegation are levelled even when applicants had no direct concern with deceased Pratik. He pointed out that even if the allegations in the FIR are taken at their face value and accepted, even then there is no prima facie case for offence punishable under Sec. 306 of IPC. He emphasized that for attracting said provision there has to be mens rea and moreover, continuous harassment with sole intention that deceased should committee suicide. He pointed out that there is no material whatsoever in this direction either in the FIR or in the charge sheet. Thus, according to him, instant complaint amounts to gross abuse of process of law. He further added that there is no material on record to indicate that accused applicants intended that deceased should commit suicide nor they created circumstances which were of such a nature that deceased was left with no other alternative but to end up his life.