MANOHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Police personnel namely Ramanbabu Walde attached to the District Traffic Branch, Bhandara, committed suicide on 5/4/2017 by consuming poison. Three suicide notes were recovered from the dead body blaming applicants to be responsible for his suicidal death. Father-in-law of deceased namely Dhanraj has lodged police report alleging that the applicants have abetted deceased to commit suicide which led to the registration of crime vide Crime No. 211/2017 for the offence punishable under Ss. 306, 506 read with Sec. 34 of the Indian Penal Code, and Sec. 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ('SC and ST Act').

(2.) Applicant Nos. 1 to 3 are the Police Constables whilst applicant No. 4 is a Police Inspector attached to the same office namely District Traffic Branch, Bhandara. Applicants have applied to this Court in terms of Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure seeking to quash First Information Report ('FIR') and charge-sheet on the premise that the material collected during the course of investigation does not make out the case of abetment.

(3.) It is applicants' case that the allegations about physical and mental harassment on their part are false and fabricated. Inspector General of Police Nagpur Range has conducted annual inspection of Traffic Branch, Bhandara in which certain lapses have been found. Particularly the lapses were on the part of the deceased Head Constable Walde. It is submitted that deceased got disturbed and frustrated due to inspection report, therefore under frustration he committed suicide. It is argued that the applicants were performing their official duty and the acts made therein cannot be termed as an abetment to commit suicide.