( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2848 OF 2010 Vijay Ramnath More APPLICANT VERSUS The State of Maharashtra and another RESPONDENTS .... Smt. Sadhana S. Jadhav, advocate for the applicant. Mr. N.H. Borade, APP for the respondents/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 24th August, 2010] PER COURT : 1. By this application, applicant Vijay seeks directions under section 438 of the Criminal Procedure Code. 2. Heard learned counsel and learned A.P.P. 3. It appears that on 22nd June, 2010, deceased Mirabai w/o Babasaheb Khire committed suicide by hanging herself to a ceiling fan. Her father-in-law reported the incident to the police. Initially, A.D. No. 65/2010 was registered. It appears that subsequently, father of deceased Mirabai lodged ( 2 ) FIR alleging that she was being subjected to matrimonial cruelty. She alleged that she was done to death by her husband and the in-laws as well as brother-in-law. It prima facie appears that a chit was collected from nearby the dead-body of Mirabai when the spot panchanama was drawn in the same noon. The chit reveals that she committed suicide due to injustice done to her by applicant Vijay. The prosecution has also collected some material in the statements of witnesses, to show that applicant Vijay was trying to keep illicit relations with the deceased. 4. Counsel for the applicant – Vijay would submit, however, that due to civil disputes and other property disputes between applicant Vijay and his family members, on one side and the in-laws of deceased Mirabai on the other side, a false chit was manipulated in order to falsely implicate applicant Vijay. It is pointed out, so far report of handwriting expert could not confirm that the said chit was written by deceased Mirabai. One cannot be oblivious of the fact that such unnatural death of a married woman is likely to create panic amongst the members of her matrimonial family in such rush hours, and rather intruding set of mind, it is difficult to believe, prima facie, that such a chit would be ( 3 ) manipulated with an oblique intention to frame applicant Vijay. Therefore, at this juncture, it cannot be said that the accusations made against him are without any reason and that he is likely to be harassed due to the arrest. The crime is of serious nature. In such a situation, I deem it proper to decline the exercise of the discretionary jurisdiction in favour of applicant Vijay. Hence, the application filed by applicant Vijay is rejected. 5. The observations made in this order be not considered in any other proceedings including the application for regular bail. [V.R. KINGAONKAR] JUDGE NPJ/criapln2848-10