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2019 Supreme(Bom) 1397

S.B.SHUKRE, S.M.MODAK
Imran Son Of Masood Khan – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : Mr. Aakash A. Gupta, Adv.
For the Respondent: Mr. M. J. Khan, Addl. Public Prosecutor, Mr. R. B. Upadhyay, Adv.

JUDGMENT :

S. M. Modak, J.

The Applicants being the lenders of a loan transaction have approached this Court for quashing the criminal prosecution launched against them by Hudkeshwar Police Station, Nagpur. The criminal law was set in motion when Jugram Lanjewar committed suicide by hanging on 29th January, 2018 and when his wife Sunita Lanjewar decided to approach the police. Police got registered the offence under Section 306, 504, 506 read with Section 34 of Indian Penal Code against these applicants on 7th February, 2018.

2. Applicants claim that deceased was heavily indebted and he committed suicide for his own wrongdoings and the criminal prosecution is the finest example of abuse of process of Court and they are asking for quashing of the proceedings. During investigation, the suicide note was sent to Handwriting Expert for comparison. Direction was given to produce the opinion. It was also produced. It suggests that the questioned handwriting was written by the person who wrote the specimen handwriting. On this background, we have heard learned Adv. Shri Akash Gupta at great length and learned Addl. Public Prosecutor Shri Khan. Also heard Shri R. B. Upadhye for respondent no.2

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