Swapnil Hemant Khobragade v. the State of Maharashtra the. Station House Officer Yavatmal City Police Station, Yavatmal

Bombay HC13 Sept 2024APL/1319/2024

Case brief

AI extract

What is this about?

Application under the High Court's inherent powers to quash an FIR for abetment of suicide registered after a woman, allegedly harassed by moneylenders, hanged herself leaving a suicide note naming 13 creditors. Court issued notice and restrained filing of charge-sheet without its leave; investigation permitted to continue.

What did the court decide?

Notice issued; investigation may continue but charge-sheet shall not be filed without leave of this Court.

Swapnil Hemant Khobragade vs the State of Maharashtra the… — Quashing and FIR | Bombay HC (2024)

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1 13 apl 1319.24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (APL) NO. 1319/2024

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(Shri Swapnil Hemant Khobragade Vs. The State of Maharashtra & anr.)

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Mr. V.D. Darne, Advocate for applicant. Mrs. N. Tripati, APP for non-applicant No.1.

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CORAM: VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.

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DATED : 13/09/2024.

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Heard.

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This is an application seeking to quash First Information Report vide Crime No. 463/2024 registered by Yavatmal City, Dist. Yavatmal for the offence punishable under Sections 306 read with Section 34 of the Indian Penal Code.

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The informant’s wife namely Bhagyashri had committed suicide on 22.04.2024 by way of hanging. The informant states that due to financial crunch, the deceased had availed hand-loan from 13 named persons who used to insist and harassed her for return of money. By getting red of said harassment, Bhagyashri committed suicide leaving a suicide note naming of 13 persons.

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2 13 apl 1319.24

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The learned counsel for applicant submitted that the deceased committed suicide under frustration. The first informant made general allegation against several persons. It is argued that mere demand of money cannot construe as an abetment to commit suicide.

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Issue notice for final disposal returnable after four weeks. The learned APP waives service of notice for nonapplicant No.1.

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In the meantime, investigation may go on, but charge-sheet shall not be filed without obtaining leave of this Court.

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( MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

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Gohane

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Signed by: Mr. J. B. Gohane Designation: PA To Honourable Judge Date: 13/09/2024 17:15:44

Swapnil Hemant Khobragade v. the State of Maharashtra the. Station House Officer Yavatmal City Police Station, Yavatmal

Case brief

What is this about?

What did the court decide?

Swapnil Hemant Khobragade v. the State of Maharashtra the. Station House Officer Yavatmal City Police Station, Yavatmal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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