CrAppln 1985 1991 20 J.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 1985 OF 2020

Rohan Chandrasen Dongare,

Age 28 years, Occ. Service,

R/o. At post Dongarewadi Tq.

Wadwani, Dist. Beed.

… APPLICANT

(Org. accused No. 2)

VERSUS

1)

The State of Maharashtra,

Through Police Station Officer,

Police Station Pachod, Dist. Aurangabad.

2)

Rahul Vitthal Aagale,

Age 18 years, Occ. Education,

R/o. Georai (Bk.) Paithan, Pachod,

Tq. Paithan, Dist. Aurangabad.

… RESPONDENTS

(No. 2- Org. Complainant)

...

Advocate for Petitioner : Mr. S. G. Chapalgaonkar h/f Mr. M.R. Deshmukh.

APP for Respondent No. 1: Mr. S. J. Salgare.

Advocate for Respondent No. 2 : Mr. Amit Savale (Appointed).

…

WITH

CRIMINAL APPLICATION NO. 1991 OF 2020

Ramesh Digambar Ingole,

Age 43 years, Occ. Service,

R/o. Ring Road, Ambejogai,

Tq. Ambejogai, Dist. Beed.

…

APPLICANT.

(Org. accused No. 3)

VERSUS

1) The State of Maharashtra,

Through Police Station Officer,

Police Station,Pachod, Dist.

Aurangabd.

2) Rahul Vitthal Aagale,

Age 18 years, Occ. Education,

R/o. Georai (Bk.) Paithan, Pachod,

Tq. Paithan, Dist. Aurangabad.

… RESPONDENTS

(No. 2- Org. Complainant)

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CrAppln 1985 1991 20 J.odt

...

Advocate for Petitioner : Mr. S. G. Chapalgaonkar, h/f Mr. M.R. Deshmukh.

APP for Respondent No. 1: Mr. S. J. Salgare.

Advocate for Respondent No. 2 : Mr. Amit Savale (Appointed)

CORAM

: DIPANKAR DATTA, CJ &

MANGESH S. PATIL, J.

DATE

:30.09.2021

JUDGMENT (PER : MANGESH S. PATIL, J.) :

Heard. Rule. The Rule is made returnable forthwith. With the

consent of both the sides the matters are heard finally at the stage of

admission.

2.

The Applicants are invoking the powers of this Court under Section

482 of the Code of Criminal Procedure, 1973 ( hereinafter ‘Cr.P.C.’) seeking

quashment of the F.I.R. dated 03.12.2019 in Crime No. I-360/2019,

registered with Police Station Pachod, District Aurangabad, for the offences

punishable under Section 306, 504, 506 read with Section 34 of the Indian

Penal Code, filed by the respondent No. 2.

3.

Since the applicants are arraigned as co-accused seeking the same

relief, these applications are being disposed of by this common judgment.

4.

The applicants are the Professor and Principal respectively of

Gurukrupa Institute of Pharmacy, Majalgaon. The deceased was a student of

that College. Because of his illness he was irregular in attending the classes.

When he tried to resume, the applicants started harassing him. Even the

Chairman of the Management indulged in harassing him mentally. Due to

which he went into depression. His parents provided him medical treatment

but he was persistently harassed, taunted and teased. He was prevented

from appearing for third semester examination. Thereafter the applicant-

Principal even demanded money from him to permit him to appear for the

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CrAppln 1985 1991 20 J.odt

examination. When he used to approach the applicant-Principal soliciting

signature to enable him to appear for the examination he would be directed

to meet the other applicant and in this manner he was tossed from one

applicant to the other. Even he was insulted in front of the staff members.

He was threatened that he would be failed. Even they contacted his

landlord and caused him to vacate the tenanted premises. Even his landlord

played him the recorded conversation between the applicants and the

landlord. He then tried to commit suicide by going to a place but having

seen that there was a crowd he decided to go back.

5.

It is also alleged that his parents has deposited Rs. 20 Lakhs with a

Multi-State Co-Operative Bank. The Chairman of the bank and its Manager

fraudulently shown only an amount of Rs. 8,00,000/- having been credited

to their account. This also mentally disturbed the deceased. When he

approached the Chairman and the Manager of the bank they threatened and

insulted him.

6.

He took treat