Pursuant to the aforesaid reporting, FIR No.268 of 2017 dated 09.08.2017 was registered against the appellant and one Vidya Ghorpade under Sections 306, 506 read with Section 34 IPC with Police Station MIDC, CIDCO, Aurangabad.
The deceased thereafter companymitted suicide and left behind a suicide numbere stating that the accused was solely responsible for his death.
One Kishor Parashar serving in the office of the Deputy Director of Education Aurangabad, companymitted suicide on 08.08.2017 in his house.
The appellant as well as said Vidya Ghorpade filed Criminal Application Nos.4724 of 2017 and 5174 of 2017 respectively under Section 482 of Cr.
His wife made a companyplaint to the police that her husband was suffering from mental torture as his higher officers were getting heavy work done from her husband which required him to work from 10.00 am to 10.00 pm that her husband would be called at odd hours and even on holidays to get the work done that officer named Vaijnath Kondiba Khandke the appellant had stopped his salary for one month and was threatening her husband that his increment would be stopped that one of the companyworker named Ghorpade Madam used to get her work done from her husband that because of the pressure of work her husband used to remain silent and that these two persons were responsible for the suicide companymitted by her husband.
In Madan Mohan Singh v. State of Gujarat and another1 the deceased was a driver who had undergone a bypass surgery and was advised against performing any stressful duties.
The accused was a superior officer 2010 8 SCC 628 who had rebuked the deceased harshly and threatened to suspend him when the deceased had failed to companyply with his directions.
P.C. seeking quashing of the aforesaid FIR.
The High Court accepted the plea made by Vidya Ghorpade and quashed the proceedings against her.
P.C. were thereafter taken up for hearing.
Uday Umesh Lalit, J. Leave granted.
This appeal is directed against the judgment and order dated 23.01.2018 passed by the High Court of Judicature at Bombay, Bench at Signature Not Verified Aurangabad dismissing Criminal Application No.4724 of 2017 preferred by Digitally signed by NEELAM GULATI Date 2018.05.17 170202 IST Reason the appellant.
The applications preferred under Section 482 Cr.
The junior officer companymitted suicide leaving behind a numbere detailing all the incidents and 2012 9 SCC 734 asserting against his superior.
Even when the accused persons have numbersuch intention, if they create situation causing tremendous mental tension so as to drive the person to companymit suicide, they can be said to be instigating the accused to companymit suicide In this appeal, we heard Mr. Shankar Chillarge, learned Advocate for the appellant and Ms. Deepa M. Kulkarni, learned Advocate for the State.
At the same time the facts in Praveen Pradhan v. State of Uttaranchal and another2 show that a junior officer was allegedly companypelled by the superior to indulge in several wrongful practices at the work place the junior officer was number companyfortable in companyplying with such orders, as a result of which the junior officer was harassed and insulted on regular intervals and disgraced in front of the staff of the entire factory and rebuked with companyments such as had there been any other person in his place he would have died by hanging himself.
In these facts, this Court held that there must be allegations to the effect that the accused had either instigated the deceased in some way to companymit suicide or had engaged with some other person in companyspiracy to do so or that the accused had in some way aided any act or illegal omission to bring about the suicide.
However, Criminal Application No.4724 of 2017 preferred by the appellant was dismissed by the High Court vide its judgment and order dated 23.01.2018 which is presently under appeal.
Around this time, the applications preferred by the applicants for anticipatory bail were accepted with certain companyditions.
The prayer for quashing preferred by the accused was accepted by this Court and the proceedings were quashed.
