{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2892 OF 2010 IN CRIMINAL APPLICATION NO.2418 OF 2010 Sahebrao s/o Lotan Chaudhari APPLICANT VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr.L.V.Sangit, h/f Mrs.M.L.Sangir, Advocate for the applicant Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 27 th August 2010 PER COURT: 1. By the present criminal application, the applicant, original complainant, has prayed to expunge the remarks passed by this Court in the order dated 06.07.2010 in Criminal Application No.2418/2010. On page 3, paragraph No.3, this Court has observed - “There shall not any false implication of these applicants, but at the same time, this Court require to consider that the case of the instigation to commit suicide of Shobha, that section will not be attracted to the present complaint” {2} 2. It is the grievance of the applicant-original complainant that due to the said observations, the investigation officer is not carrying out the investigation in respect of offence punishable u/s 306 of the Indian Penal Code. 3. The complaint, lodged with Chalisgaon police station on the basis of which CR No.78/10 is registered, discloses that due to the attempt to assault by the accused, Shobha has committed suicide. 4. To constitute an offence punishable u/s 306 of the Indian Penal Code, elements / ingredients of section 107 require to be established. Even on the minute perusal of the complaint it does not appear that it has spelt out that there was instigation at the hands of the accused, which forced Shobha to commit suicide. In absence of elements / ingredients of section 107 of the Indian Penal Code, which speaks for abatement to commit suicide, the observations of this Court in the order dated 06.07.2010 are not require to be expunged. In the premise, the application, sans merits, stands rejected. [A.V.POTDAR, J.] drp/B10/criapln2892-10