The main legal point established in the judgment is the requirement of specific abetment with an intention to bring about the suicide of the person concerned under section 306 of the Indian Penal Code.

RANJIT MORE, J.

1. The Applicant has approached this Court resorting to the provisions of section 482 of the Code of Criminal Procedure, 1973, seeking to quash the FIR bearing C.R. No. I- 148 of 2014 registered with Lonikand Police Station at the instance of Respondent No. 2 for the offence punishable under section 306 read with 34 of the Indian Penal Code, 1860.

2. The case of the Applicant is as follows:-

That, the Applicant is working in the Maharashtra State Electricity Distribution Company Limited as Assistant Engineer and at the relevant time stationed at Hadapsar Rural Sub Division Office. Deceased Dilip Magar the husband of Respondent No. 2 herein was also working in the said company as junior technician. On 20th March 2014, Dilip Magar (the deceased) and one S.B. Bhamgar who was working as technician were directed by Perne Section Office to go to Phulgaon to shut down a line supply of a high tension wire to conduct certain tests of a consumer. It was decided between Dilip and said Bhamgar that Dilip would go to take the line permit to shut down the line supply and Bhamgar would wait at the site for Dilip's call to proceed. After getting go-ahead instructions from Dilip, Bhamgar climbed the electric pole to open the connection but received massive electric shock. Bhamgar was rushed to hospital for treatment. The Applicant was on casual leave on 20th March 2014 and was in Mumbai when the said accident had taken place. The Applicant came to know about the incident on phone from one Sheetal Kinkar, Junior Engineer. Statements of Sarvesh Kapsime and Dilip came to be recorded on 20th March 2014. The Applicant reported to the duty next day and his statement came to be recorded. The Applicant thereafter submitted report of the said incident to the Electric Inspector for necessary action and investigation on 28th March 2014. While undergoing treatment, Bhamgar expired on 4th April 2014. Due to this incident, Dilip was in great mental shock. The Applicant was on sanctioned leave during 6th April to 10th April 2014 and while he was at Kashmir, on 8th April 2014 he was informed that Dilip had committed suicide and his body was found hanging to the tree. The Applicant came back to Pune on 9th April 2014 and resumed his duty on 10th April 2014. Suicide note was found on the body of deceased Dilip. Thereafter Respondent No. 2 lodged an FIR on 13th April 2014 against the Applicant, Amit Lanjewar and Santosh Darekar for abetting suicide of her husband.

3. It is the case of the Applicant that allegations in the complaint do not constitute an offence as the ingredients required to attract section 306 of IPC are completely absent in the complaint. So also the ingredients for offence of conspiracy are also completely amiss. The suicide note does not disclose any conspiracy to abet the commission of suicide by the Applicant.

4. By the order dated 3rd November 2014, we directed the Applicant to implead the Complainant as party Respondent in this petition and a notice was issued to her. It was also observed that the application will be finally disposed of at the stage of admission itself. Respondent No. 2 is duly served, however, none appears on her behalf. Therefore, we were constrained to proceed to hear and dispose of the matter. Accordingly, we heard at length learned Counsel appearing for the the Applicant and learned APP for the State.

5. Mr. Shetye, learned Counsel appearing for the Applicant took us through copy of FIR as all as alleged suicide note and submitted that both these documents even if accepted at their face value do not disclose any offence much-less the offence punishable under section 306 of IPC. He relied upon the decision of the Apex Court in Madan Mohan Singh vs. State of Gujarat, 2010 (8) SCC 628.

6. Learned APP opposed the application very vehemently. He submitted that FIR coupled with suicide note prima facie makes out a case for the prosecution of the Applicant for the offence punishable under sections