Bombay High Court
Shakila Arman Tadavi vs The State Of Maharashtra And Others on 5 March, 2020
Bench: T.V. Nalawade, M.G. Sewlikar
1 Cri.W.P. 982/2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION No. 982 of 2019
Shakila Arman Tadavi ...Applicant
VERSUS
The State of Maharashtra and others ...Respondents
Mr. C.V. Dharurkar, Advocate for petitioner
Mr. S.G. Sangle, Addl. Public prosecutor for Respts. No. 1 to 3 & 6
Mr. M.B. Sandanshiv, Advocate for respondents No.4 & 5
CORAM : T.V. NALAWADE &
M.G. SEWLIKAR, JJ.
DATE : 5th March, 2020
ORDER :
1. The petition is filed for giving direction to respondents No.1 to 3 to register the First Information Report for offence punishable under Section 306 read with Section 34 of the Indian Penal Code against respondents No.4 to 7, who are private persons and one Police Constable (Gopal Patil). Heard both the sides.
2. It appears that family of petitioner Shakila Tadavi had some dispute with the neighbouring family, of Wagh. One boy from that family was teasing daughter of Arman. Due to that, Arman ::: Uploaded on - 11/03/2020 ::: Downloaded on - 07/06/2020 19:30:09 ::: 2 Cri.W.P. 982/2019 met mother Bebabai of Sunil Wagh to request her to convince Sunil to behave well. Mother of Sunil Wagh insulted Arman and she gave threat that she would involve him in false rape case. Then she went to Adawad Police Station and she gave report to the police. On the basis of that report, non-cognizable offence was registered for offences punishable U/Ss. 504 & 506 of the Indian Penal Code. It is the contention of the petitioner, wife of Arman, that Arman was called to the police station, he was detained in police station for quite a long time and threats were given to him to implicate in the case. Parents and other relatives of Arman had also gone there but insulting treatment was given to them. It is not disputed that police had called the relatives of Arman to police station due to giving of report by Bebabai, mother of Sunil. Arman was supposed to return to home from the police station but he did not return to home and he committed suicide by hanging himself. Family of Arman felt that due to insulting treatment given by the police, he committed suicide and the police probably had joined hands with Wagh family and they had taken consideration from Wagh family. For these reasons, the petitioner wanted to register the crime against the family members of Wagh and action against aforesaid Police Constable. Police did not register the crime and so direction is sought from this Court. ::: Uploaded on - 11/03/2020 ::: Downloaded on - 07/06/2020 19:30:09 ::: 3 Cri.W.P. 982/2019
3. This Court has gone through the record carefully. It is true that Bebabai had given report against Arman. There is clear probability that the police had called Arman and his relatives to the police station for making enquiry. Ordinarily, in N.C. report, police do not call persons for inquiry and the complainant is advised to go to the Court of Judicial Magistrate F.C. When police wants to call somebody for making an inquiry, notice needs to be issued U/s. 160 of the Criminal Procedure Code, but that was not done in the present case. In any case, even if it is presumed that Arman was called to police station and warning was given to him to behave well, it cannot be said that these acts amount to abetment of suicide by Arman. In view of the aforesaid circumstances, this Court holds that no direction to the police for registration of the crime against respondents No.4 to 7 can be given.
4. In the result, the petition stands dismissed.
( M.G. SEWLIKAR ) ( T.V. NALAWADE )
JUDGE JUDGE
Madkar
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