1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 1098 OF 2009 Lahu S/o Bhikaji Sonawane and others Versus State of Maharashtra and another *** Mr. S. I. Nandode, Advocate for the Applicants. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. Mr. R. S. Shinde, Advocate i/b Mr. N. L. Choudhari, Advocate for Respondent No.2. *** 1. Heard learned counsel for the Accused applicants and learned A.P.P. 2. On 24th February, 2009 Ravindra, while with his in-laws, committed suicide. The father lodged report against in-laws, wife of Ravindra, of infraction of section 306 read with 107 of I.P.C. The said F.I.R. vide Crime No.41 of 2009 is subject of decision at the behest of the accused. 3. Rule. By consent the parties, the matter is finally heard. 4. The statement of complainant - estranged father, indicate the manner in which Ravindra was humiliated at his in-laws. The statement of mother shows that immediately before Ravindra committed suicide, he had telephonic communication with her wherein Ravindra informed his mother that his in- laws and all other relations have surrounded him. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Dangya was abusing him and he could not further continue the conversation. However, when such conversation was in process, the mother had the occasion to come across other side loud conversation which indicated manhandle and shouting also. It was immediately, thereafter, at 08.30 in the night, the complainant and his wife received message about seriousness in the condition of Ravindra which subsequently indicated that he has inhaled poisonous substance and succumbed. 5. The learned counsel for the accused contended that the F.I.R. is activated with malice and contain only the general allegations of subjecting deceased to harassment and they will not give formation of any offence against the accused/ applicants. The proceeding being abuse of process, according to the counsel, in terms of settled law, as propounded in the matter of "State of Haryana and others V/s Ch. Bhajan Lal and others" [AIR 1992 SC 604] the benefit should be extended to the accused applicants. 6. The counsel took reference to the judgment in the matter of "Bhagwan Das V/s Kartar Singh and others" [AiR 2007 SC 2045], to the judgment in the matter of "Sohan Raj Sharma V/s State of Haryana" [AIR 2008 SC 2108], to the judgment in 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. the matter of "Sitabai @ Sevantabai W/o Honaji Wanje and another V/s State of Maharashtra [2008 ALL MR (Cri.) 883 - of this Court, to the matter of "State of Maharashtra V/s Navnath Eknath Jaigude" [2009 ALL MR (Cri) 1497] dated 19th June, 2008 of this Court and the judgment in the matter of "Damodar S/o Jagannath Lokhande V/s State of Maharashtra" [2006 ALL MR (Cri) 1350. 7. The first four judgments, to which reference is given by the learned counsel, deals with abatement of suicide, harassment of wife by husband or in-laws due to differences and the Courts have held per-se it will not attract provisions of section 306 read with 107 of IPC. The eventuality in those of the judgments was after recording evidence and after the Courts found involvement of the respective accused and they were convicted. The last matter of Damodhar, deals with provisions of section 482 Cr.P.C. In the said case, it was bare statement of one of the accused which lead for a trail to the suspect/ applicant of that case and he was roped. Hearing the counsel therein this Court observed that this sole statement of the accused by itself will not implicate the suspect/ applicant of that case and subsequently powers under section 482 of quashment of FIR were 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. effected. This Court found that uncontroverted allegations made in the evidence it taken to its logical end, will not culminate into anything against the accused/ applicant therein. 8. Now reverting to the facts of the present case, as indicated above, the matter is at the stage of investigation. Charge sheet is yet to be filed. The grant of anticipatory bail to the accused, by the learned Additional Sessions Judge by itself will not be a parameter to contend that there exists no case against the accused / applicants. I quite see, the estranged father has roped widow of Ravindra, who is now bestowed with an eleven months female child. However, considering the gravity of the nature of allegations, F.I.R. at this stage cannot be stifled . All this can well be considered even at the stage of charge sheet. It cannot be said that the exercise of powers vests in this Court under section 482 of Cr.P.C. can be put in acceleration in the present case which I find difficult to adhere. Consequently, no merit. The observations are prima facie in nature. Application dismissed. Rule discharged. [K. U. CHANDIWAL, J.] Dated:07/09/2009. ans/1098