RAFEEQUE SHAIKH ASADULLAH SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In both the applications the registration of First Information Report vide Crime No.205/2025 dtd. 22/8/2025 for the offence punishable under Sec. 108 read with Sec. 3(5) of the Bharatiya Nyaya Sanhita, 2023 registered with Police Station, Wadwani, Tq. Wadwani, Dist. Beed has been questioned. Petitioner Rafeeque Shaikh is the Civil Judge Junior Division and Judicial Magistrate First Class, presently posted at Wadwani. He submits that after he joined the service on 11/6/2018 and undergoing training, he has started his judicial career. He had served at three places earlier and in the Annual General Transfers of 2025 he assumed the charge of his office on 9/6/2025 at Wadwani. Deceased Mr. V.L. Chandel was serving as Assistant Public Prosecutor at Wadwani Court, even before the applicant had assumed the charge as Presiding Officer of the said Court. Deceased Mr. V.L. Chandel was recruited on 3/1/2025. In the morning of 20/8/2025 deceased V.L. Chandel was found hanging by a noose in his office located within Wadwani Court building and as per the police story, it is suicide. It is alleged that a suicide note has been left by deceased. Respondent No.2 informant is the son of deceased, who lodged First Information Report vide Crime No.205/2025. Another applicant Annasaheb Tarade is serving as Clerk in the Court.

(2.) It is contended that First Information Report is mainly based on the alleged suicide note left by deceased, wherein some allegations have been made against both the applicants. Thereupon, after the registration of First Information Report the investigation has been undertaken. It appears that both the applicants have taken recourse of protecting them by applying for the anticipatory bail.

(3.) Heard learned Senior Counsel Mr. R.N. Dhorde instructed by learned Advocate Mr. Shaikh Tarek Mobin H. for applicant in Criminal Application No.3702 of 2025, learned Advocate Mr. Krushna Salunke holding for learned Advocate Mr. S.J. Naik for applicant in Criminal Application No.4170 of 2025 and learned PP Mr. A.B. Girase for respondent No.1 as well as learned Advocate Mr. H.V. Patil for respondent No.2 in both applications.