SANDEEP OMPRAKASH AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These are the applications filed by Directors of a Company by name 'M/s. Swami Fuels Pvt. Ltd.' They are engaged in the business of supply of coals. They are having Head Office at Nagpur and a branch Office at Chandrapur. They are being prosecuted for abetting the commission of a suicide by their employee/Cashier by name Ashokkumar Agrawal. He committed suicide by hanging in the early morning of 27th July, 2018 in his house at Chandrapur. The house belongs to his maternal brother Shamsunder Mittal (another Director of the Company but not being arrayed as an accused).

(2.) There is an allegation that the deceased was being questioned over accounting of Rs.Two Lacs by the Directors since the evening of 26th July, 2018. The relatives were informed about unnatural death of deceased Ashokkumar. His brother Mohanlal Shankarlal Agrawal lodged a Complaint with Ram Nagar Police Station, Chandrapur on 28th July, 2018. Police have registered an offence under Sections 306, 201 r/w. 34 of the Indian Penal Code. He has held the applicants responsible for the death of his brother. Applicant No.1 - Sandeep Omprakash Agrawal and Applicant No.2 - Ranjeet Singh s/o. Tarlochan Singh Chabda (Criminal Application No.774 of 2018] are the Directors of the Company, so also the sole Applicant - Nitin Marotrao Upare (Criminal Application No.775 of 2018] is also another Director, whereas Applicant No.3 - Omprakash Maniram Agrawal (Criminal Application No.774 of 2018] seems to be father of the Director - Shyamsundar Agrawal/Mittal. Though Applicant - Omprakash is not the Director, he has attended the meeting. When we have described Directors in this order, we have not used the term in narrow sense. We mean to refer to Omprakash also [though he is not the Director, but father of the Director].

(3.) The grievance of the petitioners is that their prosecution is finest example of misuse of the powers and in fact, the allegations prima facie do not fall under the definition of 'abetment'. So the issue before us is whether a case for quashing is made out or whether the parties will be relegated to face the trial. We have heard learned Senior Advocate Mr.S.V.Manohar with Mr.P.S.Jaiswal for the applicants, Mr.S.S.Doifode, learned A.P.P. for non-applicant no.1 and Mr.U.P.Dabale, learned Counsel for non- applicant no.2. It will be material to see the allegations as disclosed from the F.I.R. and from the papers shown to us during arguments.