Important Point: There must be an allegation that the accused had instigated the deceased to commit suicide or secondly, had engaged with some other person in a conspiracy and lastly, that the accused had in any way aided any act or illegal omission to bring about the suicide.

S.S. Shinde, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2. This Application is filed by the Applicant praying therein to quash and set aside the First Information Report No.137 of 2016 registered against him on 5th July 2016 at Udgir (City) Police Station for the offence punishable under Section 306 of the Indian Penal Code.

3. It is the case of the Applicant that he is presently working as Block Development Officer at Deoni Panchayat Samitee, DistrictLatur. Deceased Vivekanand Yuvraj Shirse was working as junior clerk at Deoni Panchayat Samitee. During his service tenure at Udgir, Vivekanand Shirse (deceased) was found guilty for misappropriation of amount of Rs.53,204/-. Therefore, the Chief Executive Officer, Zilla Parishad, Latur initiated departmental enquiry against Vivekanand Shirse. Thereafter Vivekanand Shirse filed various leave applications from time to time and remained absent from duties. As Vivekanand Shirse was continuously availing leave and remaining absent from duties, the Applicant, on 29th June 2016, issued showcause notice to Vivekanand Shirse as to why action should not be taken against him under the provisions of the Maharashtra Zilla Parishad Services Act and asked explanation from Vivekanand Shirse. On 5th July, 2016, Vivekanand Shirse committed suicide at his residence by hanging himself to ceiling fan. The wife of Vivekanand Shirse informed the police station, Udgir (City) and on the basis of said information police registered Crime No.137 of 2016 for the offence punishable under Section 306 of the Indian Penal Code (for short "I.P. Code") against the Applicant.

4. Learned counsel for the Applicant submits that bare perusal of the complaint reveals that the allegations leveled against the Applicant are not enough to make out a prima facie case under Section 306 of the I.P. Code for the commission of the offence. The allegations are absolutely false and frivolous. The Applicant has not at all abused Vivekanand Shirse in any way and in fact it is pertinent to note that Vivekanand Shirse was facing departmental inquiry for misappropriation of the amount. Vivekanand Shrise himself was disturbed by his own acts because of dereliction of duties. As departmental inquiry was pending against Vivekanand Shirse, his guilty conscious mind might have compelled him to take such drastic step of commission of suicide. The learned counsel further submits that ingredients for commission of the act of suicide are not attracted against the Applicant and even there is no incriminating material on record to attribute requisite intention on the part of the Applicant.

5. Learned counsel appearing for the Applicant further submitted that in leave note dated 5th May 2016 Vivekanand Shirse has mentioned that due to sad demise of his wife he needs leave for some days and in fact the complaint has been registered by his wife, which itself shows that Vivekanand Shirse was mentally disturbed.

6. Learned counsel for the Applicant further submits that the Applicant had issued show-cause notice to Vivekanand Shirse on 29th June 2016, as to why departmental action should not be taken against him. Such act was part and parcel of duty of the Applicant and the said show-cause notice was issued by the Applicant in his official capacity. In fact Vivekanand Shirse himself was guilty of misconduct and worried for consequences of his misdeeds and his guilty mind might have tempted Vivekanand Shirse to commit suicide.

7. Learned counsel for the Applicant further submits that elder brother of Vivekand Shirse is standing Taluka President of one political party and he used his political pressure and compelled the police authorities to lodge false complaint. Though the incident took place in the morning of 5th July 2016, crime has been registered at 7.15 p.m. It is further submitted that ingredients of Section 306 of the I.P. Code are not at all attracted. No s