1. Rule. Taken up for final hearing by consent at the stage of admission. Heard submissions at the Bar. The Petitioners have prayed for to quash and set aside the charge-sheet dated 30/12/2010, in Criminal Case No.114 of 2010, filed before the Judicial Magistrate, Kelapur, Taluka Kelapur, District Yavatmal (copy annexed with the petitions). The Petitioners were charge-sheeted for alleged offences punishable under Section 306 and 284 read with Section 34 of the Indian Penal Code.

2. Pandharkawada Police Station in District Yavatmal reported that on 22/02/2010, Deputy Conservator of Forest Shri. Gopalrao Kisanrao Kale at about 7.00 to 9.30 a.m., at his official residence had consumed poison and committed suicide. The oral report was lodged by one Shri. Shamu Bhadu Rathod and accidental death case was registered as A D Case No. 16 of 2010 under Section 174 of the Criminal Procedure Code. An alleged suicide note was seized mentioning thus:-

The suicide note dated 22/02/2010 attributed that with a view to cause mental harassment to the writer, Shri. Tongo, Shri Potulwar and Shri Chondhikar took assistance of Clerks Shaikh and Mr. D. V Shukla and published false information against him in Daily “Sahasik” therefore he is defamed in the society. One Farukh Khan Pathan of “Aaj tak Channel” and a Senior journalist are blackmailing. They are causing hurdle in the official work and are not helping. They are instigating employees in the office to leave office during the working hours. Apart from this, incompetent employees like Shri. Bhise, Shri. Pattiwar are provided to Divisional Office due to which no work can be taken from them. With this reference correspondence is made to Higher authorities but no action has been taken in that regard. Hence I am committing suicide being tired of harassment by Tongo, Chondhikar, Clerk Shaikh and D.V. Shukla. They are wholly responsible for this.

Police Inspector Shri C. B. Bais of the Pandharkawada recorded the complaint lodged by Sau. Prabha Gopal Kale, widow of the deceased. The statement of Prabha stated that she had occasion to talk with her Husband on Phone at the evening of 21/02/2010 from Nanded where she had gone to see her sick Mother. At that time her Husband had informed her that he is not feeling to take food when advised by her to take medicines and have dinner, he replied that nobody is cooperating in the office and work could not be done. He has severe tension of office. The investigation revealed that the deceased had consumed insecticide “Nuon”. Series of newspaper reports had appeared against the deceased illegal felling of trees and selling them to contractor of their choice alleging the corruption against the forest officials Gopal Kale (deceased as also Rajan Tongo (one of the accused)). The news paper reports requested the Government to take action in to alleged wrongdoings and corrupt practices by the forest officials, mainly the deceased Gopal Kale in Pandharkawada Forest Division.

3. On behalf of the Petitioners it is submitted that the alleged suicide note is vague as it accuses the petitioners that they revealed the information to journalists who published the News reports. It is contended that when an hypersensitive, depressed or mentally quite infirm person take a drastic step to end his life or a person commit suicide in utter fit of anger and emotion it can not be said that the suicide was abetted. Forest Officials in Pandharkawada were required to look after the Forest administration, perform duties to explore, regenerate and protect the forest in accordance with the sanctioned working plan. The Divisional Forest Officials are required to conduct Sale, Contract, supply material to department and the Public and to raise revenue and control the expenditure and to deal with the forest cases with requisite transparency. The accusations in the Chargesheet were not at all made out as there was no prima facie ground whatsoever to believe and proceed ahead with accusat