1 wp.274-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 274 OF 2011 Dr. Sunder Ramanna ...Petitioner. Vs. The State of Maharashtra & Anr ...Respondents. ----- Mr. M.V. Holamagi, for the Petitioner. Mr. A.S. Gadkari, APP for the State. ---- CORAM: B. H. MARLAPALLE & U.D. SALVI, JJ. JULY 29, 2011. P.C.: 1. We have heard Mr. Holamagi, the learned counsel for the petitioner. 2. The petitioner is a doctor by profession, and he is a senior citizen. In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner prays for directions to register an FIR on the basis of his complaint dated 4.1.2008 and followed by a reminder dated 17.2.2008, so as to investigate into the abetment of suicide committed by his brother Dr. Vasu R. Salian. 2 wp.274-2011 3 As per the complaint dated 4.1.2008, the petitioner was in Manglore in the month of September as he lost his father-in-law, and came back to Mumbai on 24.9.2007. He received a call that his elder brother Dr. Vasu Salian was no more. He, therefore, rushed to the residence of the deceased and was shocked to see that his brother had hanged himself. He received the dead body, and he performed the last rites. 4 Mr. Holamagi, the learned counsel for the petitioner submits that as per the petitioner, his brother Dr. Vasu Salian committed suicide because of the ill-acts of his former wife Smt. Prema, and therefore, she abetted the suicide. The complaint submitted by the petitioner calls for investigation, and the police station be directed to record an FIR and undertake the investigation into the aspect of the abetment of suicide. 5 Mr. Gadkari, the learned APP has placed before us the affidavit-in-reply filed by Shri Narayan Sabale, Assistant Police Inspector, Tardeo-II, Mumbai. The record shows that the deceased Dr. Vasu Salian begot two children i.e son Supreet and daughter- Supriya. However, there was a separation between the couple way back in the year 1994, and the wife with two children was not staying with the deceased. The deceased 3 wp.274-2011 filed Petition No. A-1934 of 1994 in the Family Court at Mumbai seeking divorce on the ground of an adulterous relationship and ill-treatment under Sections 13(1)(i), 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955. The said Petition was allowed by the Family Court as per the order dated 10.8.2004 granting divorce under Section 13(1)(ib) of the said Act. The Family Court specifically noted that the charge of adultery and cruelty was not proved, but the charge of constructive desertion was proved. 6. On 24.9.2007, the petitioner had received a telephone call from one employee of the deceased and when he reached the residence of the deceased, he noticed his brother in hanging condition and on arrival of the police the dead body was removed from the hanging position and was sent for postmortem. The postmortem note dated 24.9.2007 stated the cause of death as “Asphyxia due to hanging” and on the same date a separate report recording the cause of death was issued by Rajawadi postmortem centre of Rajawadi hospital, Mumbai. The postmortem was conducted between 6.30 p.m. to 7.30 p.m. on 24.9.2007, and the cause of death, as mentioned in the report, is due to Asphyxia due to hanging-unnatural death. The police registered A.D.R. no.89 of 2007 and Shri I.S. Udkeri, was the Investigating Officer, and on his transfer to State Intelligence Department 4 wp.274-2011 on 9.11.2008, the investigation was handed over to Mr. P.K. Chavan, Assistant Police Inspector on 13.11.2008 and Mr. P.K. Chavan handed it over to Mr. Narayan Sabale on 26.7.2009, who submitted the final report to the competent authority on 5.9.2009. 7. While considering the affidavit-in-reply filed by the Investigating officer, we have also perused the investigation file. In the investigation of A.D.R. no.89 of 2007, the concerned Investigating Officer recorded the statement of the following persons: 1) Dr. Sundar Ramanna, the petitioner (brother of the deceased) His statement recorded on 24.9.2007; 2) Mrs. Shanta Moreshwar Thorat (Compounder in the dispensary of the deceased). Her statement recorded on 24.9.2007; 3) Smt.Kalpana Hindurao Thorat- woman who was serving meals to the deceased. Her statement recorded on 2.12.2007; 4) Miss. Sandhya Hindurao Thorat, the girl who used to carry the tiffin box to the deceased. Her statement was recorded on 2.12.2007; 5 wp.274-2011 5) Mr. Ramesh Gopal Rane, friend of deceased. His statement was recored on 3.12.2008; 6) Shri Supreet Vasu Salian, the son of the deceased. His statement was recorded on 27.1.2008 i.e. after the petitioner submitted his complaint; 7) Smt. Prema Vasu Salian, the wife of the deceased. Her statement was recorded on 16.3.2008; 8) Dr. Sunil Gopal Vanjan, nephew of the deceased. His statement was recorded on 16.3.2008; 9) Shri Philips Anthony Colaso, the owner of the house where the deceased was residing. His statement was recorded on 16.3.2008; 10) Mrs. Supriya Krishna Kumar, the daughter of the deceased. Her statement was recorded on 22.5.2008. 8. The petitioner himself, in his statement recorded on 24.9.2007, stated that he had no complaint or grievance against anyone regarding the suicidal death of his brother Dr. Vasu Salian. He signed the said statement on 24.9.2007 and provided his cell phone number as well as his landline number. We have gone through the statements of the petitioner and other 6 wp.274-2011 witnesses as well. The deceased was not staying with his wife and two children almost for thirteen years before his unnatural death, and for about three years after the decree of divorce was granted. When he committed suicide, he left behind the suicide note which is also on record. The note is addressed to the petitioner and it states that he was fade up of life because of his ex-wife. The suicide note reads, “I am fed up of my life because of my ex-wife today who has made me a beggar because of her adulterous and extra marital relation. Everything is mentioned in the family court. Please give Rs.300/- as pocket expenses and medical expenses from the little money I have in my bags and the gold ornaments he has at Sandhurst Road to Mr. Sadashivan till his death. My wife and ex- wife today had attempted to kill me by giving supari but I survived. She was putting poison in my food as told by her paramour’s wife on telephone.” It is pertinent to note that the petitioner was present when the inquest was drawn and the suicide note was seen by him, and thereafter his statement was recorded in which he had no complaint against anyone despite the underlined statement in the suicide note. The ex-wife of the deceased and the children were nowhere around when the deceased 7 wp.274-2011 committed suicide. The note does not say he had received threatening calls either from the wife or the children. Even in the Petition before us, the petitioner is silent about any allegations of attempt on the life of the deceased either by his former wife or children. 9. The affidavit filed by the Investigating Officer states that the petitioner’s complaint dated 4.1.2008 was received by the Vikroli police station on 12.1.2008 requesting to take action against the former wife of the deceased as well as children for abetting to commit the crime of suicide. However, Mr. Supreet the son of the deceased lodged a complaint with the said police station on 2.1.2008 alleging that the petitioner had taken away all the movable property belonging to the deceased, and requested police to take required steps in the matter. On 27.1.2008, Mr. Supreet lodged the second complaint with the Vikroli police station alleging that on 15.1.2008 the petitioner threatened him with dire consequences if he claimed the tenancy rights in respect of the dispensary of the deceased situated at room no.48-49, Shamsuddin Shah, Hariyali village, Vikroli. The statement of Mr. Supreet Salian was recorded on 25.2.2008. 8 wp.274-2011 10. We are, therefore, satisfied that the complaint lodged by the petitioner was inquired into and investigation was caused in A.D.R. no. 89/2007 registered on the date of the occurrence and there is no material which, even prima facie, calls for an investigation into the charge of abetment to suicide against either Smt. Prema or Mr.Supreet Salian. The petitioner who is a doctor by profession kept quiet from 24.9.2007 and filed the complaint for the first time on 4.1.2008 which was received by the Vikroli police station on 12.1.2008, and he has filed this Petition after three years from the date of filing of the complaint. In our considered opinion, there is no case made out to entertain this Petition. 11. For the reasons set out hereinabove, the Petition must fail at the threshold, and is hereby dismissed. 12. This order does not prevent the petitioner from filing a private complaint. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.) 9 wp.274-2011