The main legal point established in the judgment is that the refusal to grant a loan by a bank manager does not automatically constitute abetment to suicide under Section 306 of the Indian Penal Code without evidence of intention to aid or instigate suicide.

JUDGMENT

V.M.Deshpande, J. - This is an application under Section 482 of the Code of Criminal Procedure.

2. Heard learned counsel Shri Anand Deshpande for the applicant and learned Additional Public Prosecutor Shri M.J.Khan for non-applicant No.1/State. None appears for non-applicant No.2.

3. By presenting this application, the applicant prayed for quashing of First Information Report (Annexure-C), registered with Morshi Police Station, District Amravati, vide Crime No.147/2015, for offence punishable under Section 306 of the Indian Penal Code. The applicant also prayed to stay further investigation.

4. On 1.2.2016, Notices were issued and Interim Stay was granted as prayed by the applicant. Non-applicant No.2 Prashant Wamanrao Gawande was duly served, however he chose not to appear before the Court. Consequently, on 1.9.2016, these proceedings were admitted for final hearing and the Interim order was continued.

Office note shows that non-applicant No.2 was also served with Notice on merits, however on this occasion also he chose not to appear either personally or through his counsel. The State also filed a detailed reply on record.

5. The applicant, at the relevant time, was discharging his duties as Branch Manager, Bank of Maharashtra, Morshi Branch, District Amravati.

6. Non-Applicant No.2 Prashant Wamanrao Gawande, (hereinafter referred to as "the complainant" for the sake of brevity), was having a Loan Account with the Bank of Maharashtra at Morshi. His father Wamanrao was also having a Loan Account in the said Bank. The applicant placed on record an extract of Statement of Account of the complainant. Authenticity of the said document is not at all disputed by investigating agency.

7. In this case, deceased is Sudhir Gawande, the real brother of the complainant. He committed suicide on 12.6.2015 by hanging himself in a bedroom of his house.

On 13.6.2015, the complainant approached to Morshi Police Station, District Amravati and lodged his report against the present applicant. Since the report was disclosing commission of cognizable offence, Morshi Police Station Officer registered an offence, vide Crime No.147/2015, punishable under Section 306 of the Indian Penal Code.

8. After registration of the offence, since the applicant was apprehending his arrest, he moved an application, vide Misc. Criminal Bail Application No.529/2015, for grant of pre-arrest bail and learned Sessions Judge at Amravati on 26.6.2015 was pleased to grant the pre-arrest bail, in the event of his arrest. Thereafter, on 25.1.2016, the applicant filed present proceedings for quashing of the First Information Report.

9. Learned counsel Shri Anand Deshpande for the applicant, submitted that First Information Report cannot stand to scrutiny of law inasmuch as there is nothing to show that the applicant had an intention to aid or instigate or abet Sudhir to commit suicide. He submitted that as per Loan Account, on 31.3.2015 there was an outstanding in the name of the complainant to the extent of Rs.2,32,689/-. In this view of the matter, it is submitted that even if it is accepted, as stated in the First Information Report, that on 12.6.2015 Sudhir approached for fresh loan by restructuring Loan Account and if that request was refused, it cannot be held as abetment to Sudhir to commit suicide. He, therefore, prayed for quashing of the First Information Report since if proceedings are allowed to continue on the basis of such First Information Report, it will be nothing to compel the applicant to face trial even if there is no prima facie case against him.

10. Per contra, learned Additional Public Prosecutor Shri M.J.Khan for the State, submitted that at this stage averments made in the First Information Report have to be taken as it is. He proceeds in his submission on this premise that the First Information Report shows that on 7-8 occasions Sudhir, the deceased, visited Bank of Maharashtra, Morshi Branch, District Amravati wherein the applicant was Branch