MAHIMA PRAVIN THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally with consent of the parties.

(2.) The challenge in this writ petition, under Article 227 of the Constitution of India, is to a judgment and order dtd. 19/1/2023, passed by Additional Sessions Judge, Greater Mumbai, in Criminal Revision Application No.688 of 2022. Vide the judgment and order impugned herein, the order passed by Metropolitan Magistrate on 19/7/2022 has been set aside with a direction to Senior Inspector of Tromby Police Station, Mumbai to register FIR and make investigation on the basis of a report made by the Applicant, Prakash Lalwani on 23/2/2021. Thus, what has been challenged herein is an order passed under Sec. 156(3) of Code of Criminal Procedure.

(3.) Facts giving rise to this writ petition are as follows: Petitioner No.1 is the daughter of Petitioner No.2. They are residents of Green Acres Bungalows, Din Quarry Road, Panjarpole, Deonar, Mumbai, a housing society. The respondent No.2 is also the resident of the same housing society. Master Manav (deceased) was 24 years old son of the respondent No.2. Both, Manav and Petitioner No.1-Mahima, had a romantic relationship inter se for little over two years. There was a break-up in the relationship. It short lived. The relationship resumed. On 1st December, both, Manav and Petitioner No.1, had gone out for dinner. They returned to the society by 12.00 midnight. There was an intense quarrel between the two in the parking lot of the society. After a while, P.W.1 went to her residence. The telephonic conversation through WhatsApp chat continued between the two. Manav committed suicide by hanging himself with a rope on the terrace of his residence. It was by 2.00 a.m. The complainant, after having realised the same, rushed Manav to hospital, but in vain.