ANAND KISHOR VAIDYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Returnable forthwith. Heard Finally with consent of parties.

(2.) This is an application under section 482 of the Code of Criminal Procedure code seeking to quash the charge-sheet filed in criminal Case No. 195 of 2006 under Section 306 of the Indian Penal Code.

(3.) The facts giving rise to this application are as under -One Gopal Damlodhar Joshi was educated up to B. A. and was working as a Clerk in the Vikas Mahavidyalaya Sanstha. He was appointed by the present applicant Kishor Vaidya as such in the said Institute in the year 1992. However, since 2 to 4 months prior to the death of Gopal, he was not being allowed by the present applicant to resume his duty. He was demanding Rs. 3,00,000/- from Gopal. He was also giving threats that if Rs. 3,00,000/- are not paid to him, he would remove Gopal from service. As a result of this, it is alleged that gopal was not going to the school. He had lost his mental balance. Some of the relatives of gopal also went to applicant. The present applicant Kishor Vaidya was requested to deduct the amount from Gopal's salary, however, he refused to do so. Gopal, therefore, always used to complain that he would be removed from the service and as a result of this he used to be restless. On 22-4-2006 he hanged himself in his own house and committed suicide. A suicide note was found in which it is alleged that blame is squarely put at the door of the present applicant.