..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4273 OF 2008 Shri.Shantaram Bhagwan Undre and 3 Others. ..Applicants. Versus State of Maharashtra. ..Respondents. .... Mr.K.S.Patil, Adv. for the applicants. Mr.S.R.Shinde, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 11th December, 2008. DATED : 11th December, 2008. DATED : 11th December, 2008. P.C.: 1. Heard the learned Advocate for the applicants - orig.accused Nos.1 to 4 and the learned APP for the State. 2. The applicants are seeking quashing of C.R. No.148 of 2006 of Loni-Kalbhor police station and the proceedings relating thereto. The said case is under Section 304A of Indian Penal Code. 3. On perusal of the material on record, it is seen that the applicants and the complainant are related. They are cousins. There was dispute between them in relation to water outlet. The ..(2).. incident has taken place on 3.11.2005. At that time, the applicants went to the house of the complainant and they asked him what is to be done about the water outlet. Some exchange of words took place between the accused and the complainant. On hearing noise, Maruti Undre the uncle of the complainant came to the spot and told them not to fight. At that time, applicant No.1 and applicant No.4 insulted him and a minor scuffle took place. The case of the complainant is that on account of this, his uncle Maruti Undre got enraged and his BP was raised, due to which he fell down. Thereafter, he was shifted to hospital. After being shifted to hospital, Maruti Undre expired. The post-mortem notes show that he died on account of heart attack. 4. Thereafter on 19.5.2006 FIR came to be lodged by the complainant stating above facts. It is seen that there is inordinate delay in lodging the FIR. This delay raises serious doubt in the mind regarding the case of the complainant. Moreover from the post-mortem notes, it is seen that no injury at all, either external or internal, was sustained by Maruti Undre in the incident. Maruti Undre died on account of heart disease. Looking to the facts of this case, ..(3).. it can be said that no case is made out under Section 304A of Indian Penal Code. Hence, C.R. No.148 of 2006 of Loni-Kalbhor police station and the proceedings relating thereto are quashed. 5. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)