P.B. Varale, J. - (1.) HEARD the learned Counsel for the applicant and the learned APP for the State.
(2.) THE applicant is challenging the order passed by the learned Assistant Sessions Judge, Nagpur dated 29 -04 -2015 passed below Exhibit -4 in Sessions Trial No. 78 of 2015, thereby rejecting the application, seeking discharge of the applicant. The brief facts giving rise to the present application can be summarized as follows : - The report was lodged at Nagpur City Police Station at the instance of mother of one Rahul, a boy of 25 years of age, studying in second year B.A. was working in a ready made garments shop of the applicant. Rahul was employed since five months prior to the lodgment of the report. Rahul informed his sister Priyanka that the owner and the employer of the shop i.e. the applicant is not fair. He informed the sister that the applicant engages the boys for the employment only of a span of 2/3 months and then removed them from their job. Sister of Rahul found that Rahul was in a depressed mood and was not taking his food properly. Hence, complainant mother asked Rahul to go to his maternal uncle's place so as to have a change in mood. The mother also insisted Rahul to tell if there is any reason for his depression, but Rahul denied the same. On 24 -05 -2013, Rahul left his house at about 6 p.m. on his two wheeler. For considerable time there was no contact from Rahul and his mobile phone was also switched of. The family members thought that Rahul might have taken shelter of some of his friends place and he may return late or in the morning. On 25 -05 -2013 i.e. on the next day, one phone call was received by the mother from the father of Rahul. The father of Rahul informing that Rahul committed suicide in Tahsil office near a school by consuming some poisonous substance. A suicide note was found in the pocket of Rahul. Suicide note revealed that Rahul was carrying physical intimacy with the applicant. The employer i.e the applicant alleged that Rahul is an impotent. The said words caused a serious depression to Rahul. In the report it is stated that the applicant was forwarding certain messages to Rahul and these messages were shown by Rahul to another employees in the shop. The employees cautioned Rahul. Those employees expressed displeasure over the intimacy of the applicant with Rahul. Rahul informed this intimacy even to another employee i.e. the security guard who was engaged in the shop. This employee also cautioned Rahul not to continue with any relationship with the applicant. Though Rahul assured his colleagues not to continue with relationship with the applicant but in fact the relationship of Rahul and the applicant continued. The report further reveals that the applicant used to call Rahul after working hours at some places and the couple used to indulge in the act of physical intimacy. On 18 -04 -2013, the applicant on a telephonic conversation called Rahul as an impotent and this act of the applicant prompted Rahul to commit suicide, is the allegations in the report. The learned Counsel Shri Shukla, vehemently submitted that the bare facts which are on record would itself make it clear that no offence under Section 306 of the Indian Penal Code can be attracted against the applicant. The learned Counsel Shri Shukla submits that the report lodged at the instance of mother of Rahul is a bundle of different versions of fact. Shri Shukla, the learned Counsel submits that the mother i.e the complainant states that in spite of continuous instances of the family members Rahul disclosed nothing to the family members and in spite of the colleagues cautioning Rahul, Rahul on his own will and wish continued with an illicit relationship with the applicant. The learned Counsel Shri Shukla further submits that from the report itself it is clear that Rahul was depressed in life as the attempts of Rahul entering in police force could not bring success to him. Shri Shukla, the learned Counsel further submitted that if the sequence of events is taking into consideration there is much time gap between the alleged phone call by the applicant to Rahul and his suicide. Shri Shukla, the learned Counsel submits that it is alleged that the applicant made phone call to deceased Rahul on 18 -04 -2013 and Rahul committed suicide on 24 -05 -2013. It is the submission of Shri Shukla, the learned Counsel for the applicant that considering the time gap between these two events more than four weeks there was certain sufficient period to the victim to pacify himself and control his emotions, depression and distress mood. Thus, the submission of Shri Shukla, the learned Counsel by no stretch of imagination it can be said that the act of suicide of the victim is the immediate effect of the alleged phone call by the applicant. Shri Shukla, the learned Counsel then submits that the complainant also took her own time to lodge report to the police authorities. Shri Shukla, the learned Counsel submits that it is alleged that Rahul, the victim, committed suicide on 24 -05 -2013 and the report was lodged nearly after two weeks of the suicide i.e on 13 -06 -2013. The submission of Shri Shukla, the learned Counsel is that even this unexplained time gap between the suicide and the lodgment of report shows that the family members probably were prompted to lodge report against the applicant and it was not the act of their will. Shri Shukla, the learned Counsel then submitted that the so called suicide note if perused it would reveal that the victim Rahul who was depressed because of the applicant was not forwarding any message or making any call to Rahul. Shri Shukla, the learned Counsel submits that Rahul was interested in keeping relationship with the applicant whereas the applicant was not interested to keep any relationship with Rahul. Shri Shukla, the learned Counsel then submits that Rahul found that the applicant was not giving any positive response to him, he was depressed and took an extreme step and while doing so he wanted to defame the applicant. Shri Shukla, the learned Counsel submitted that in the alleged suicide note Rahul expressed that his suicide note be circulated to media and amongst the reporters. Thus, Rahul was not only depressed but was acting in revengeful attitude towards the applicant is the submission of Shri Shukla, the learned Counsel for the applicant. Shri Shukla, the learned Counsel then submitted that the applicant approached the Sessions Court submitting that the material against the applicant being wholly insufficient and unsustainable for any action against the applicant and the drama of trial would be an futile exercise and sought discharged. Shri Shukla, the learned Counsel submitted that the learned Sessions Judge on an erroneous appreciation rejected the application. Shri Shukla, the learned Counsel thus prays for setting aside the order passed by the learned Sessions Judge dated 29 -04 -2015 by allowing the present application and seeks discharge of the applicant from Sessions Trial No. 78 of 2015.
(3.) SHRI S.B. Ahirkar, the learned Assistant Public Prosecutor vehemently opposes the application. The learned APP submitted that the detailed suicide note itself shows that the applicant is behind the extreme step taken by Rahul. The learned APP then submits that the statements recorded by the investigating agency namely the family members support the story of the prosecution.;