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2012 Supreme(Bom) 869

ABHAY M.THIPSAY
Shivaji Shitole – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. NITEEN PRADHAN with Mr. A.C. MEHTA and Mr. SUJIT S. SURYAWANSHI i/b. M/s.VIGILJURIS Advocate for the Petitioners.
Ms. R.M.GADHVI APP for the State.

JUDGMENT :-

The petitioners are the accused in Sessions Case No.35 of 2011 pending before the Sessions court at Baramati. The said case is in respect of an offence punishable under Section 306 of the Indian Penal Code (IPC) read with Section 34 thereof. The allegations against the petitioners has found in Column No.16 of the printed proforma of the Police report is as under:

Translation of the above in English would be thus:

"That the accused persons conspired to harass the husband of the first informant because he had formed a Union, and that the husband of the first informant was from time to time threatened that he would be removed from the job and harassed and that in order to harass him, deliberately he was transferred to Haryana, thereby causing mental torture to him and thus by making him impossible to live, instigated him to commit suicide by consuming some poisonous substance. Therefore, the accused have committed an offence punishable under Section 306 read with Section 34 of IPC."

2. The petitioners, being aggrieved by the initiation of the criminal proceedings against them, have approached this court by the present petition, invoking the jurisdiction of this court under Ar













































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