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2017 Supreme(Guj) 217

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Chimanbhai Khengarbhai Maheria - Appellants
Vs.
State of Gujarat and Ors. - Respondent
Special Criminal Application (Quashing) No. 71 of 2017
Decided On : 15-02-2017

Advocates Appeared:
For the Appellant : Dhruv K. Dave
For the Respondents: Pathak

Headnote:

Cosntitution of India, Article 227 -Indian Penal Code -Sections -306 -125 -107 -108 -309 -Industrial Disputes Act Section -27 -Court, has chosen not to remain present either in person or through an advocate and oppose this application -Returnable forthwith learned APP waives service of notice of rule for and on behalf of the respondent -Appears from the materials on record that the son of the respondent No. 2, by name was married to one -Applicant herein -Original accused happens to be the uncle -It is the case of the respondent -Original first informant that his son the deceased was being harassed incessantly by his wife and the relatives –Held, I have gone through the decision relied upon by the learned APP in the case of the facts of the said case were altogether different -Apart from the suicide note which was left behind by the deceased the statements were recorded by the police during the investigation of the different persons, showing that on account of business transactions with the accused the deceased was put under tremendous pressure to do something which he was, perhaps not willing -Having regard to the materials on record the Supreme Court took the view that the conduct of the appellant and his accomplishes was such that the deceased was left with no other option except to put an end to his life -In my view the decision of the Supreme Court in the case is distinguishable and would not help the prosecution -Application is allowed

JUDGMENT :

J.B. Pardiwala, J.

1. The respondent No. 2, although served with the notice issued by this Court, has chosen not to remain present either in person or through an advocate and oppose this application.

2. Rule returnable forthwith. Ms. Pathak, the learned APP, waives service of notice of rule for and on behalf of the respondent No. 1-State of Gujarat.

3. By this application under Article 227 of the Constitution of India, the applicant has prayed for the following reliefs;

"(A) Your Lordships may be pleased to admit and allow the present writ application.

(B) Your Lordships may be pleased to allow an application at Exh 24 for discharge of the applicant and thereby to discharge the applicant from Sessions Case No. 145 of 2014 being FIR CR I-106 of 2014 registered with Khatodara Police Station, Surat City;

(C) Your Lordships may be pleased to quash and set aside an order below Exh 24 on 28.10.2016 in Sessions Case No. 145 of 2014 being FIR CR I-106 of 2014 registered with Khatodara Police Station, Surat City pending before the 6th Addl. Sessions Court, Surat and appropriate directions sui8table as per the facts and circumstances of the case;

(D) Pending hearing and final disposal of this petition, by way of interim relief, Your Lordships may be pleased to stay and order below Exh 24 on 28.10.2016 in Sessions Case No. 145 of 2014 being FIR CR I-106 of 2014 registered with Khatodara Police Station, Surat City pending before the 6th Addl. Sessions Court, Surat.

(E) Pending admission, hearing and final disposal of this petition to grant an ex-parte ad-interim relief in terms of para 15(D);

(F) Any other relief deemed just and proper may please be granted in the interest of justice."

4. It appears from the materials on record that the son of the respondent No. 2, by name, Pradip N. Solanki was married to one Varshaben. The applicant herein-original accused No. 8 happens to be the uncle (Maasa) of Varshaben. It is the case of the respondent No. 2-original first informant that his son, i.e., the deceased was being harassed incessantly by his wife Varshaben and the relatives of Varshaben, which includes the applicant herein.

5. The first informant, as the mother of the deceased, has alleged that on account of incessant harassment at the end of Varshaben and her relatives, her son took the extreme step of committing suicide. At the end of the investigation, charge-sheet was filed against eight persons for the offence punishable under section 306 read with section 114 of the Indian Penal Code.

6. The applicant herein preferred a discharge application before the Trial Court, which came to be rejected vide order dated 28th October, 2016. Being dissatisfied, the applicant has come up with this application, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

7. In the course of the investigation, the Investigating Officer recovered a suicide note left behind by the deceased. In the suicide note, it has been stated as under;

"I am taking this extreme step due to continuous harassment at the end of my in-laws. Past one and a half years, my wife is at her parental home and whenever I visited her parental home to bring her back to her matrimonial home, she insisted for my undertaking in writing. I had very petty disputes with my wife, on account of which, she left her matrimonial home and has gone back to a parental home, and she is now refusing to come back at her matrimonial home. When I asked for the custody of my son, my wife demanded an amount of Rs. 10,00,000/- from me and my family. At present, I am residing all alone at Surat. My parents have already handed over my right of the share in the ancestral properties. I have already taken cash from my parents and, therefore, I am left with no other interest in their estate. At present, I am unemployed. I have no job or any business. I have lost all my money due to personal expenses. My wife is having some amount given by my parents, including the gold. M


























































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