PADMAKAR RAMDAS AGRESAR Vs. STATE OF MAHARASHTRA AND ANR.
LAWS(BOM)-2017-2-131
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on February 24,2017

Padmakar Ramdas Agresar Appellant
VERSUS
State of Maharashtra And Anr. Respondents

JUDGEMENT

- (1.) S.S.Shinde,K.K.Sonawane N.B.Suryawanshi,S.B.Yawalkar,G.A.Nagori Criminal Writ Petition No. 1296 of 2016. Negotiable Instruments Act, 1881S.138Maharashtra Co-Operative Societies Act, 1960 S.101Indian Penal Code, 1860S.307S.306Constitution Of India Art.226Writ petition - Abetment of suicide - Offence of - Prayer for quashing of FIR - Accused/Chairman of Co-operative Society - Family of victim taking loan from Co-operative Society - Initiation of recovery proceedings on their failure to repay loan - They assaulting Chairman with axe - FIR against Chairman was counter blast to complaint filed by Chairman against them - Suicide note categorically stating not to blame anybody - Chairman neither instigating nor abetting act of suicide - Hence, he cannot be compelled to face trial - FIR liable to be quashed - Petition allowed. [Paras 15 and 16]b) Quash and set aside impugned FIR (Exhibit-I) at Crime No.99 of 2016 registered with Ramanand Nagar Police Station Jalgaon for the offence punishable under section 306 of the Indian Penal Code and investigation in pursuance of the same and for that purpose issue necessary orders. State Of Haryana V. Bhajan Lal, AIR 1992 SC 604REFERRED TO S.S.Shinde,K.K.Sonawane Heard.
(2.) Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.
(3.) This Petition is filed with the following prayer: b) Quash and set aside impugned FIR (Exhibit-I) at Crime No.99 of 2016 registered with Ramanand Nagar Police Station Jalgaon for the offence punishable under section 306 of the Indian Penal Code and investigation in pursuance of the same and for that purpose issue necessary orders. ;


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