Akshay S/O Ashok Jaiswal And 3 Others v. The State Of Maharashtra Thr. Pso Ps Lohara Dist.Yavatmal And Another

1 905-Cri.APL No.448.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.

OF Akshay S/o Ashok Jaiswal and others ..VS..

The State of Maharashtra through PSO, P.S. Lohara, Dist. Yavatmal and another ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Shreya Bhagat, Advocate for applicants.

Mr. S.S. Doifode, A.P.P. for non-applicant No.1/State. CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ. DATED : 26 th MARCH, Heard.

2.

This is an application for seeking to quash First Information Report in Crime No.381/2023, registered with Police Station Lohara, District Yavatmal for an offence punishable under Section 306 read with Section 34 of the Indian Penal Code.

3.

A grown up lady serving as a Headmistress in the school has committed suicide by hanging on 19.08.2023. The deceased was at the verge of retirement. Daughter of deceased has lodged report suspecting that applicants have abetted her mother to commit suicide. It is prosecution's case that the applicant No.1 - Akshay Jaiswal has borrow some money from the deceased, however he was not repaying the same but was harassing the deceased. Moreover, it is alleged that rest of the applicants were not

2 905-Cri.APL No.448.2024 co-operating the deceased in clearing pension papers and thus, according to the informant, it is a case of abetment. The report has been lodged after fifteen days of the occurrence.

4.

Issue notice to the non-applicants, returnable on 07.05.2024.

5.

Mr. S.S. Doifode, learned Additional Public Prosecutor waives service of notice for non-applicant No.1/ State.

6.

In the meantime, investigation shall go on, but the charge-sheet shall not be filed without obtaining leave of this Court.

(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 27/03/2024 18:31:42