2025:BHC-NAG:4804-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.832 OF 2022 Mukund S/o Jagannathrao Borade, Aged about 51 years, Occu – Service, R/o. Near Vaishnavi Complex, Alodi, Wardha, ...Applicant Tahsil & District. Wardha.

// VERSUS //

1. The State of Maharashtra, Through PSO, Wardha City, Tah. Dist Wardha.

2. Smt. Sangita Vivekrao Mahakalkar, R/o ... Non-applicants Isaji Layour, Sudampuri, Wardha.

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Mr S.W. Sambre, Advocate for Applicant.

Ms M.H. Deshmukh, A.P.P. for Non-applicant/State.

Mr A.M. Chandekar, Advocate for Non-applicant No.2.

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CORAM : ANIL S. KILOR AND PRAVIN S. PATIL, JJ.

DATE : 29/04/2025 ORAL JUDGMENT (Per : Anil S. Kilor, J.)

1. Heard.

2. RULE. Rule is made returnable forthwith. Heard finally by consent of the parties.

3. The challenge raised in the present application filed under Section 482 of the Code of Criminal Procedure to the Chargesheet dated 21.10.2022 bearing No.283 of 2022 dated 21.10.2022 filed in FIR No.431 of 2022 dated 16.03.2022 registered with Police Station Wardha, for the offences punishable under Sections 306 read with Section 34 of the Indian Penal Code (hereinafter referred to as “IPC”).

4. From the report, it is evident that the applicant is an employee of Zilla Parishad School at Kachnur. At the relevant time, the deceased who committed suicide was working as Headmaster. Whereas, the applicant was the teacher in the said school. The allegations against the applicant is that, he used to call the applicant ‘‘gkreksMs** because of some deformity in his hand. It is alleged that there was lot of harassment by the applicant to the deceased and even he made false complaint against the deceased and therefore, he committed suicide by hanging himself.

5. We have heard the learned counsel for the respective parties. 6. Shri Sambre, learned counsel for the applicant submits that since the pre-requisite to constitute offence under Section 306 of the IPC are absent, the chargesheet needs to be quashed and set aside.

7. On the other hand, Shri Chandekar, learned counsel for the informant argued that, it is a matter of trial to determine intention, and therefore, at this stage, if the suicide note is perused and the contents of the FIR are considered, prima facie, the offence constitutes against the applicant. He therefore prays for dismissal of the present application.

8. The learned A.P.P. strongly opposed the application and reiterates the submission made by the learned counsel for the non-

applicant No.2.

9. In the light of the rival submissions, we have perused the chargesheet and the material collected during the investigation by the investigating officer.

10. From the chargesheet, it appears that, the deceased was working as a Headmaster in the Zilla Parishad, School at Kachnur. There was animosity between the applicant and the deceased. Even certain complaints were made by both of them against each other and on those complaints, inquiry was made by the officer of the Zilla Parishad.

11. The statements of teachers and the school show a different picture, and it appears that problems for the other teachers due to adamant behaviour and poor treatment of the fellow staff.

12. It is further evident that, on 15.06.2019, the co-accused Vasant lodged a complaint against the deceased with Police Station, Ram Nagar, Wardha, for the offences punishable under Sections 294 and 506 of the IPC. In the report, certain serious allegations were made against the deceased regarding his behaviour with fellow staff being Headmaster. 13. The record further shows that, the deceased removed some students from the school and treating this as a misconduct, a departmental inquiry was initiated against him. However, due to suicide, the departmental inquiry was subsequently dropped.

14. Thus, from the record, it can be seen that there might be numerous reasons for the