0203 APL 577.15-1

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (APL) NO. 577 OF 2015

Pramod S/o Shriram Wath,

aged 46 yrs. Occ. Agriculturist,

R/o Dabha, Tq. Nandgaon Khd.,

District -Amravati. APPLICANT

Versus

1.State of Maharashtra,

Through the Police Station Officer,

Police Station Badnera.

District – Amravati.

2.Vipul S/o Prabhudas Nadiyna,

Aged 41 years,

Occ. Business,

R/o Jaistambha Chowk,

Navi Basti,

Badnera, Tq. &

Distt. Amravati. NON-APPLICANT

Shri Ankit S.Ambatkar, Advocate for the applicant.

Shri S.D.Sirpurkar, APP for the respondent no.1.

Shri Parvez W.Mirza, Advocate for respondent no.2.

…

CORAM: Z. A. HAQ AND

AMIT B. BORKAR, JJ.

DATED: 02.03.2021

ORAL JUDGMENT (PER : AMIT B. BORKAR, J.) :

1.

By this application under Section 482 of the Code of

Criminal Procedure, 1973, the applicant has challenged registration

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of the First Information Report No.187/2014 and consequent

charge-sheet No.31/2015 in relation to the offence punishable

under Section 306 of the Indian Penal Code.

2.

The First Information Report came to be registered

against the applicant with the accusations that the applicant had

entered into an agreement of sale with the victim for sale of

immovable property and had accepted an amount of

Rs.50,51,000/-. It is further alleged that three persons namely Ravi

Patel, Anil Hinge and Anil Sune, acted as agents for the said

transaction. It is further alleged that said three agents provided

false information to the victim compelling him to purchase

agricultural land without disclosing defects in title of the applicant.

It is further alleged that in spite of defects in the property, the

applicant alongwith three agents forced and coerced the Victim for

execution of sale-deed. Thereafter the applicant alongwith three

agents told the victim that if the deal with the applicant is cancelled,

they will return the amount of Rs.20,00,000/- from the earnest

amount of Rs.50,51,000/-. Thereafter by Cancellation Deed the

agreement dated 24.6.2014 was cancelled and the victim was paid

only an amount of Rs.20,00,000/- out of Rs.50,51,000/-. It is

alleged that the victim had incurred an amount of Rs.7-8 lakhs for

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the purpose of drawing layout in the said property. It is alleged that

due to loss of Rs.37-38 lakhs caused to the victim, the victim could

not handle the mental stress and, therefore, committed suicide. It is

alleged that the police got suicide-note wherein it was stated by the

deceased that he is committing suicide due to harassment caused by

the applicant and other three agents.

3.

The applicant has challenged registration of the First

Information Report by filing present application. On 16.9.2015, this

Court issued notice to the non-applicants and on 20.7.2016 issued

Rule and granted stay to further proceedings insofar as the present

applicant is concerned.

4.

The non-applicant no.1 has filed reply and has stated

that due to non-payment of amount of earnest amount of

Rs.50,51,000/- by the applicant and three agents, the victim

committed suicide by consuming poison and left the suicide-note. It

is stated that the Investigating Agency has recorded statement of

wife of the deceased, daughter and other relatives, wherein they

have supported the case of the prosecution. It is stated that due to

loss caused to the victim in the transaction with the applicant and

others, the victim committed suicide and, therefore, the applicant

has indirectly instigated the deceased for committing suicide.

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5.

We have carefully considered the allegations in the First

Information Report. Upon careful perusal of the allegations in the

First Information Report and material produced on record, we find

that there is no material or even the allegation to show that