2025:BHC-NAG:9278-DB (1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.28 OF 2023

1. Pravin s/o Gyaniram Borkar, Aged about 39 Years, Occupation : Service, R/o C/o. Gyaniramji Borkar, Gandhi Ward, Near FCI Godam,Warthi, Mohadi Bhandara – 441909 and presently residing at Hariom Colony, Near New Vivek Mandir School, Gondia – 441916. .... APPLICANTS // VERSUS //

1. The State of Maharashtra through Police Station Officer, Salekasa Police Station, District Gondia.

2. Rameshwar s/o Chotelal Giriya, Aged about 62 Years, R/o Pandhari (Pauldauna), Salekasa, District Gondia. .... NON-APPLICANTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Mr. Sameer Sonwane, Counsel for the applicant.

Mr. Shamshi Haider, APP for non-applicant No.1/State.

Mr. K. R. Bhise, appointed Counsel for non-applicant No.2.

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CORAM : URMILA JOSHI-PHALKE AND NANDESH S. DESHPANDE, JJ.

RESERVED ON : 10.09.2025 PRONOUNCED ON : 17.09.2025 JUDGMENT : (PER : URMILA JOSHI-PHALKE, J.)

1. Admit

2. Heard finally with the consent of the learned Counsel of the parties.

(2

3. Present application is preferred by the applicant for quashing of the First Information Report in connection with Crime No.315/2021 registered at Police Station, Salekasa, District Gondia for the offence punishable under Sections 306, 506 and 507 of the Indian Penal Code and the proceeding Sessions Case No.43/2022 arising out of the said FIR pending before the District Judge – 1 and Additional Sessions Judge, Gondia.

4. Brief facts which are necessary for the disposal of the application are as under:

One Rameshwar Giriya lodged the report alleging therein that he is the father-in-law of the deceased. His son and the deceased were serving as Police Constables attached to the Police Station Salekasa. As per the allegations, deceased was having illicit relations with the present applicant and therefore, on 09.12.2021 she has committed suicide by hanging herself. It is alleged that due to the abetment at the hands of the present applicant on account of having illicit relations, she has committed suicide. On the basis of the said report, police have registered the crime against the present applicant.

5. During the investigation, the Investigating Officer has drawn the spot panchnama, collected the postmortem notes, and also drawn the panchnama as to the telephonic (3 communication between the present applicant and the mother of the deceased and after completion of the investigation, submitted charge sheet against the accused/applicant.

6. Heard learned Counsel Mr. Sonwane for the applicant, who submitted that as far as the illicit relations are concerned, there is no material to show that there was any relationship between the deceased and the present applicant. Only because they were attached to the same Police Station as the applicant was serving as a driver on the police vehicle, he is implicated falsely in the alleged offence. He submitted that it was the present applicant, who removed the dead body of the deceased when she hanged herself, as he was residing opposite to the house of the deceased. He further submitted that even accepting the allegation as it is, nowhere it reflect that what actually act or instigation was on the part of the applicant, due to which she has committed suicide. Even the communication between the present applicant and the mother of the deceased nowhere discloses that there were any illicit relations between the deceased and the present applicant and there was any positive act or action on the part of the applicant which drewing the deceased to commit suicide. He submitted that even accepting that there was an illicit relation, but there is no close proximity as to the act of suicide. Thus, even accepting the (4 allegation as it is, there is no mens rea on the part of the accused apparent on the face of record and therefore, the