Deepak Bharat Survase v. The State Of Maharashtra And ANR

BDP 24 WP-5626-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5626 OF 2025 Shri Deepak Bharat Survase ] Age: 36 years, Occ: Stationary Shop ] R/at: Flat No.4-B Ravikisan Society ] Alankapuram Road, Vadamukhwadi, ] Tal. Haveli, Dighi, Pimpri-Chinchwad, Pune. ] ... Petitioner. V/s

1. The State of Maharashtra ] (At the instance of Dighi Police Station) ]

2. Smt. Rupali Kailash Bhosale, ] R/at: Flat No.302, C-Wing, Alankapuram ] Road, Vadamukhwadi, Tal. Haveli, Dighi, ] Pimpri-Chinchwad, Pune ] ... Respondents.

Mr. Bhalchandra S. Shinde, advocate for the petitioner. Mr. K.V. Saste, Addl. PP for the State-respondent no.1. CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.

DATE : 10th NOVEMBER 2025.

PER, SHREE CHANDRASHEKHAR, CJ Challenging C.R. No.467 of 2025 registered with Dighi Police Station on 28th September 2025, the petitioner states that there is no allegation against him in the complaint lodged by Rupali Kailash Bhoale, the wife of deceased Kailash Bhosale. The petitioner further submits that in the F.I.R. vide F.I.R. No.467 of 2025 lodged by Rupali Kailash Bhosale, no allegation has been made against the petitioner. 2.

The learned counsel for the petitioner refers to decisions of the Hon'ble Supreme Court in Criminal Appeal No.2177-2185 of 2024 titled "Abhinav Mohan Delkar v. The State of Maharashtra & Ors." decided on 18th August 2025 and in "Prakash & Ors. v. The State of

BDP 24 WP-5626-25.doc Maharashtra & Anr." decided on 20th December 2024 and submits that there must be a live-link between the instigation and commission of suicide so as to rope-in the accused in the crime. The learned counsel for the petitioner further submits that it is not disclosed in the F.I.R. that the petitioner has mens rea and on that ground alone the F.I.R. qua the petitioner should be quashed.

3.

In the first place, we need to indicate that the F.I.R. is not an encyclopedia of every fact relating to a case. The very purpose of lodging an F.I.R. is to activate the machinery of criminal justice system. This is the purpose of investigation, pursuant to a crime being registered by the police, that true and correct facts are ascertained and the persons involved in the crime are brought before the Court. Secondly, the stand taken by the petitioner that he is not named in the F.I.R. is not correct. There is a reference of incident of 26th September 2025 when there was an altercation between the committee members and the petitioner was also present there, who was assaulted by the husband of the respondent no.2.

There is an allegation by the complainant that on account of filing of the complaint regarding the incident of 26th September 2025 her husband had been mentally unstable and was under stress. On such facts, whether there was a live-link between the incidence and commission of suicide can be tested only if the charge-sheet is filed, the Court takes cognizance of the offence, the witnesses are examined and cross-examined in the Court. We may also indicate that the expression "live-link" shall not refer to and mean "immediately" or "soon thereafter".

4.

Criminal Writ Petition No.5626 of 2025 is dismissed. BHARAT DASHARATH PANDIT [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE] BHARAT DASHARATH PANDIT Date: 2025.11.17 12:17:22 +0530