1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1962 /2010 (Vikas Anantrao Naitam and others vs. State of Mahareashtra and others ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. M P Kariya, Advocate for applicants Mr. Anup Parihar, APP for Respondent No.1. CORAM : A.P. BHANGALE, J. DATED : 6 th June, 2011. Heard learned counsel for the respective parties at length. By this application under section 482 of the Code of Criminal Procedure, 1973, ( in short, “the Code”) the applicants have prayed for quashing the FIR registered for offence punishable under section 306 read with section 34 of the Indian Penal Code vide crime reported as No.130/2010 against the applicants by Mul Police Station, Dist. Chandrapur. It appears case of the applicants that during pendency of this application charge-sheet is also filed on behalf of the State of Maharashtra under section 173 of the Code. Thus, the material which has been collected during the course of investigation against the applicants is within the knowledge of the applicants since they themselves have annexed copy of the charge-sheet as Annexure “C” along with this application. Perusal of Annexure “C” would indicate that the accused have been charge-sheeted with 2 reference to the accusations punishable under section 306 read with section 34 IPC on 8.1.2011. Since now criminal case is pending before the learned JMFC Chandrapur. Learned APP invited my attention to the reply dated 29.3.2011 filed on behalf of the State indicating their objection on the basis of alleged case made out by the prosecution. According to learned APP the complainant had stated about two chits recovered from the dead body of the deceased in which there were allegations that because of the dispossession from the land by the applicants, the deceased had undergone mental shock and he too the extreme step of committing suicide and, as such, applicants are responsible for the incident of alleged suicide. Be that as it may; it is open for the applicants to move the learned Judge concerned with the prayer for their discharge from the case, if they so desire. Under these circumstances,no exceptional case is made out so as to interfere with the charge-sheet which is already led before the competent Court. Since offences are sessions triable, the applicants may approach the Sessions Judge concerned for appropriate relief in accordance with law. Application is disposed of. JUDGE Sahare 3