wp2148.09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2148 OF 2009 Sau. Sangita Sanjay Malvankar ....Petitioner. Vs. The State of Maharashtra ....Respondent. Mr. Rahul S. Kate, Advocate for the Petitioner. Mrs. P.P. Shinde, APP for the State. Mr. Kuldeep Patil i/by Mr. Prashant Hagare, Advocate for Respondent No.2. CORAM : B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 18th June, 2010 P.C.: 1 Heard Mr. Kate, the learned counsel appearing for the Petitioner. 2 On 2nd February, 2009, the dead-body of the Petitioner’s daughter Pinky @ Pratibha was taken out from the Canal, near Baramati Town. On the earlier date i.e. on 01/02/2009, the Petitioner had lodged a complaint with the Police Station stating that Respondent No.2, Gotya @ Mangesh son of Baban Londhe had beaten her while taking away Rs.10/- from her hand. Based on this complaint, it is contended before use that Respondent No.2 must be charged for an offence punishable under Section 306 of the IPC. 3 We have perused the P.M. report signed by two Medical Officers from the Government Rural Hospital at Baramati and the cause of death recorded as “Asphyxia due to Drowning”. wp2148.09.sxw 2 4 The Investigating Officer, has submitted his report under Section 174 of the Cr.P.C. and pointed out that the deceased committed suicide. Even as per the Petitioner’s contention, there is no dispute on this opinion that her daughter committed suicide by jumping into the canal. 5 The allegations that the deceased had informed on phone of beating by Respondent No.2 on the earlier night, itself cannot be a prima facie material to hold that the Investigating Officer must charge him for an offence punishable under Section 306 of the IPC, and proceed with the investigation. We have gone through the statements recorded on 14/02/2009 of Shailesh Ashok Bhosale, as well as on 25/02/2009 of Maruti @ Dipak Sanjay Malvankar, son of the Petitioner and we are satisfied that there is no case made out to direct the Investigating Officer to proceed against Respondent No.2 for an offence punishable under Section 306 of the IPC. 6 The Petition is rejected. (ANOOP V. MOHTA, J.) (B.H.MARLAPALLE, J.)