SUDARSHAN RAMCHANDRA SHELAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD . Rule, made returnable forthwith. Both the applications are heard together as they raise common question of quashing FIR vide Crime No.I -29/2010, registered at Rahuri Police Station, district Ahmednagar.

(2.) PRASHANT , aged 22 years, was a student of IInd year L.L.B. Course (Three years' Law degree course after graduation) at Ferguson College Hostel. Unfortunate suicide of Prashant on 25th Jan., 2010, at his relative's place at Khadambe, Taluka Rahata, district Ahmednagar, made his father ( a police officer) to lodge FIR implicating the applicants who were studying in the College or were in the hostel at the relevant time.

(3.) WE quite see, the complainant was jittery; he was crumbled. He has lost even logic, however, at the same time, we are consciously guided by his vocation; a police officer, who has to maintain mental equilibrium in all stages. After sad demise suicide of Prashant, when inquest was drawn, owing to accidental death, in pursuance to Section 174 Cr.P.C., there was no whisper of doubt; any allegation to have pre -emptive action against the culprits. The sad demise of Prashant is ornamented to implicate applicants. Complainant was quite conscious on 2nd Jan., 2010, of aborted attempt where complainant revealed names of culprits. This should have been an added phenomenon for the complainant to immediately lodge report of protest or grievance at the college against students. He did not avail the rational opportunity; it smacks of his bona fides.