AMIN ABDUL KADER MEMON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally.

(2.) By this application under Section 482 of the Code of Criminal Procedure, the applicant/accused Amir Abdul Kader Memon is praying for quashing and setting aside order dated 14 th March 2019 passed by the learned Additional Sessions Judge, Kalyan, below his application for discharge in Sessions Case No.91 of 2017 and his seeking discharge from the Sessions case No.91 of 2017 registered against him in pursuant to Crime No.322 of 2015 for the offence punishable under Section 306 of the Indian Penal Code.

(3.) Heard the learned counsel appearing for the applicant/accused. He argued that even if the suicide note of deceased Dinesh and statement of his brother are accepted as it is, then also no case for the offence punishable under Section 306 of the Indian Penal Code is made out. The deceased has made allegations against several persons including the present applicant/accused and statement of accounts of the applicant/accused shows that he had discharged all his liability in the matter. My attention is drawn to the whatsapp communication and it is argued that just twenty-eight days prior to the incident, deceased Dinesh had thanked the applicant/accused for the favour done by the applicant/accused to him.