LAWS(BOM)-2024-6-213

GEETA D/O. PEREYALDAS Vs. STATE OF MAHARASHTRA

Decided On June 19, 2024
Geeta D/O. Pereyaldas Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Apprehending the arrest at the hands of police in connection with Crime No.279/2024 registered with Police Station Khadan, District Akola for the offences punishable under Ss. 294, 305, 506 read with Sec. 34 of the Indian Penal Code and under Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

(2.) The accusation against the present applicants is on the basis of report lodged by Imran Baig Afsar Baig alleging that he had received the phone call from the office of school wherein his son was studying. Therefore, he visited the school. At the relevant time, present applicants and other co-accused informed him that his son harassed one girl. On enquiry with the girl, she denied the said contention, but the present applicants and other co-accused threatened him. After that, he came at home and his son on the same day has committed suicide due to the said incident. He submitted that due to the abetment at the hands of the present applicants, his son has committed suicide.

(3.) Learned Counsel Mr. Deshpande and learned Counsel Mr. Jaltare for the applicants submitted that as far as the applicant Geeta is a Teacher and applicant Meera is a Principal and another applicant Shailesh is the Assistant Teacher. From the recitals of the FIR, it reveals that general allegations are made against the present applicants. As far as the abetment is concerned, there is no nexus between the alleged act of the abetment and suicide committed by the boy. They further submitted that general allegations are made only to show that they have abetted the boy to commit suicide. There was no instigation, no aiding to the deceased to commit suicide. Now, the investigation is practically completed. As far as the custodial interrogation is concerned, which is not required as nothing is to be recovered from the present applicants. In view of that both the applications deserves to be allowed.