The main legal point established in the judgment is that for an offence under Section 306 of the Indian Penal Code, there must be clear mens rea or active instigation or intentional aid for the deceased to commit suicide. The judgment also emphasizes the importance of proximity between the alleged act and the suicide, and the significance of the timing of lodging the FIR.

S.S. SHINDE, J.

1. This Application is filed by the Applicant praying therein to quash and set aside the First Information Report bearing C.R. No. 35 of 2016 registered on 7th March, 2016, with Shindkheda Police Station, Tq-Shindkheda, District-Dhule for the offence punishable under Section 306 of the Indian Penal Code.

2. It is the case of the Applicant that he is a Government servant serving as Gramsevak. The service record of the Applicant is clean and unblemished. The Government of Maharashtra started a scheme of Mahatma Gandhi Rashtriya Rojgar Hami Yojna (for short "M.R.G.S. Scheme"), for digging and constructing wells. In the said scheme 60% amount is to be paid/allotted and distributed to the workers who conduct the work of digging well and 40% of amount is to be paid towards material charges. It is the further case of the Applicant that one Ramesh Pandit Patil (deceased), having land in Bhadane Shivar, had applied for sanction of a well under the said M.R.G.S. Scheme. Being Gramsevak, it was the duty of the Applicant to disburse the cheques to the beneficiaries of the said M.R.G.S. Scheme. On 23rd December, 2015, said Ramesh Pandit Patil committed suicide by consuming poisonous medicine. Immediately on the said date, the informant i.e. Kailas Pandit Patil, real brother of deceased Ramesh, informed Shindkheda police station about accidental death of his brother and accordingly, A.D. No. 90 of 2015 came to be registered with Shindkheda Police Station on 24th December, 2015.

3. It is the further case of the Applicant that on the basis of incident of suicide of deceased Ramesh Patil, Tahsildar, Shindkheda had submitted a detail report to the Sub-Divisional Officer, Shirpur, stating therein that Talathi and Circle Officer had conducted enquiry by visiting the spot of incident and they have also submitted panchnama and statement of wife of deceased and also bank loan record of the deceased Ramesh Patil. It has been stated in the said report that Tahsildar Shindkheda, Taluka Agricultural Officer, Shindkheda and Police Inspector of Shindkheda Police Station had personally visited Mauje Hatnoor and have submitted self explanatory report as per the provisions of Government Resolution dated 6th September, 2007.

4. It is submitted by the Applicant that deceased Ramesh as well as his family members were insisting the Applicant to issue one single cheque of the sanctioned amount of Rs. 2,90,000/-. Whereas, actually the payment was to be made to the workers for an amount of Rs. 1,98,108/- and payment of Rs. 91,892/- was to be made to the suppliers of material. On 26th November, 2015, the Applicant had issued cheques to the concerned workers and the same were cleared by them. Being annoyed by this procedural and regular act of the Applicant, the family members of the deceased had assaulted and abused the Applicant on 21st December, 2015. Accordingly, the Applicant had intimated about the same to the Superintendent of Police and Chief Executive Officer, Dhule. Thereafter on 23rd December, 2015, Ramesh Pandit Patil committed suicide. However, after a period of more than two months i.e. on 7th March, 2016, an informant Kailas Pandit Patil, lodged First Information Report (in short "FIR") with Shindkheda police station alleging that the Applicant Gramsevak was intentionally not issuing cheque to his deceased brother. It is alleged against the Applicant that inspite of sanction of the amount and inspite of various requests and demands, the Applicant had not issued cheque in the name of deceased Ramesh and intentionally issued a cheque to suppliers/traders. Due to said mental harassment, it is alleged that, brother of the informant committed suicide on 23rd December, 2015, by consuming poisonous medicine. Immediately after registration of the crime, the Applicant had filed application seeking anticipatory bail and learned Additional Sessions Judge, Dhule by order dated 16th March, 2016, had granted anticipatory bail in favour of the A