RAJSHEKHAR UDAYPRASAD SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Applicants, accused in the F.I.R. bearing C.R. No. I-36 of 2017, under Sec. 306 r/w. 34 of the Indian Penal Code, registered with Vishnu Nagar Police Station, Dombivali, Thane dated 25 th February 2017, have preferred this application under Sec. 482 of Cr.P.C., seeking for quashing of said F.I.R.

(2.) Heard learned Advocate Mr. Palve for the Applicants, learned A.P.P. Mr. Chate for Respondent No.1-State and learned Advocate Mr. Kochrekar for Respondent No.2. Perused the record and report of the handwriting expert.

(3.) The facts in brief are that, Ashok Pawar (' the deceased', for short) was working as Assistant in Confidential Sec. of the Office of Employees State Insurance Corporation (ESIC), at Thane. It was his duty to maintain information pertaining to corruption matters, grievances of the labourers working in companies, properties purchased/sold by the Officers and employees of the office etc. Since September 2015, Applicant No.1 was working in the said office as Deputy Director with additional charge of the Establishment Branch since November, 2016. The Applicant No.2 was working there as Social Security Officer. As alleged, Applicant No.1 was harassing the deceased on account of 3-4 years old incident when the deceased had complained against his misconduct to his superior. For last many years the deceased was suffering from migraine. The Applicants were aware of this fact. The Applicants, however, harassed the deceased as he issued notice to Applicant No.2 for not giving intimation about purchase of property. The harassment was in the form of taunting the deceased, threatening to transfer him to other place and causing him to do field work by visiting different companies, in different areas for collecting information about receipt of salary to its labourers, but in very short period when he was not well. Thus, the Applicants in furtherance of their common intention misused their official powers, mentally harassed the deceased and abetted him to commit suicide. Consequently, on 21/1/2017 between 8.30 a.m. to 11.30 a.m., at his residence, the deceased committed suicide by hanging and leaving suicide notes that, the Applicants are responsible for his death.