LAWS(BOM)-2019-4-277

SEWAKRAM PERUMAL MOTWANI Vs. STATE OF MAHARASHTRA

Decided On April 05, 2019
Sewakram Perumal Motwani Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent.

(2.) Issue involved in this petition is whether "continuing prosecution of the applicants for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code (IPC for short)" amounts to abuse of process of law or whether ends of justice requires quashment of the prosecution.

(3.) All these applicants were named in the FIR No.610/2018 registered at Arvi Police Station, District Wardha as accused persons. Vishal Kailash Motwani committed suicide by hanging during the period 11/07/2018 till 12/07/2018. It was in their godown. Before suicide, he wrote a note blaming all these applicants for his suicide. His father Kailash Pratapchand Motwani filed complaint on 16/07/2018 and accordingly police registered an offence punishable under Section 306 read with Section 34 of IPC. The suicidal incident is having background of family dispute on account of property.