RAHUL S/O BAPU MORE Vs. STATE OF MAHARASHTRA, THROUGH INVESTIGATING OFFICER, SHINDKHEDA POLICE STATION, TQ SHINDKHEDA, DIST DHULE

JUDGEMENT

(1.) This Application is filed by the Applicant praying therein to quash and set aside the First Information Report bearing C.R. No.35 of 2016 registered on 7th March, 2016, with Shindkheda Police Station, TqShindkheda, DistDhule for the offence punishable under Section 306 of the Indian Penal Code.

(2.) It is the case of the Applicant that he is a Government servant serving as Gramsevak. The service record of the Applicant is clean and unblemished. The Government of Maharashtra started a scheme of Mahatma Gandhi Rashtriya Rojgar Hami Yojna (for short "M.R.G.S. Scheme"), for digging and constructing wells. In the said scheme 60% amount is to be paid/allotted and distributed to the workers who conduct the work of digging well, and 40% of amount is to be paid towards material charges. It is the further case of the Applicant that one Ramesh Pandit Patil (deceased), having land in Bhadane Shivar, had applied for sanction of a well under the said M.R.G.S. Scheme. Being Gramsevak, it was the duty of the Applicant to disburse the cheques to the beneficiaries of the said M.R.G.S. Scheme. On 23rd December, 2015, said Ramesh Pandit Patil committed suicide by consuming poisonous medicine. Immediately on the said date, the informant i.e. Kailas Pandit Patil, real brother of deceased Ramesh, informed Shindkheda police station about accidental death of his brother and accordingly, A.D. No.90 of 2015 came to be registered with Shindkheda Police Station on 24th December, 2015.

(3.) It is the further case of the Applicant that on the basis of incident of suicide of deceased Ramesh Patil, Tahsildar, Shindkheda had submitted a detail report to the SubDivisional Officer, Shirpur, stating therein that Talathi and Circle Officer had conducted enquiry by visiting the spot of incident and they have also submitted panchnama and statement of wife of deceased and also bank loan record of the deceased Ramesh Patil. It has been stated in the said report that Tahsildar Shindkheda, Taluka Agricultural Officer, Shindkheda and Police Inspector of Shindkheda Police Station had personally visited Mauje Hatnoor and have submitted self explanatory report as per the provisions of Government Resolution dated 6th September, 2007.