Sachin Balkarushna Chaukhande v. The State Of Maharashtra Police Station Anajangaon Dist. Amravati

1 aba203.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 203 OF 2020 ( Sachin Balkrushna Chaukhande ..vs.. State of Maharashtra, through PSO, PS Anjangaon ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.A. Naik, Counsel for the applicant, Mr. N.R. Rode, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO, J.

DATED : 07-12-2020 Heard.

2.

The applicant is apprehending arrest in Crime 164/2020 registered with Police Station Anjangaon for offence punishable under Section 306 of the Indian Penal Code.

3.

The allegation is that since the applicant intervened in an ongoing altercation between Madhukar Chaukhande and the deceased and physically assaulted and abused the deceased Manohar Chaukhande, Manohar Chaukhande committed suicide.

4.

Prima facie, the contents of the first information report do not attract the provisions of Section 306 of the Indian Penal Code since it is difficult to hold, even prima facie, that the alleged conduct tantamounts to instigation to commit suicide.

2 aba203.20 5.

The interim protection granted vide order dated 26-3-2020 is made absolute with the only modification that till the charge-sheet is filed, if the charge-sheet is not filed till date, the applicant shall attend the concerned police station, as and when required by the Investigating Officer.

JUDGE adgokar