(1) appln-2776-2021.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2776 OF 2021 1. Shaikh Moin s/o Mohammad Subhan, Age: 59 years, Occu: Retired, R/o. Azadnagar, Sillod, Tq: Sillod, Dist; Aurangabad. 2. Mushtaq s/o Gafurkhan Pathan, Age: 53 years, Occu: Agri. R/o. Kathora Bazar, Tq: Bhokardan, Dist: Jalna, At present- Bapunagar, Sillod, Tq: Sillod, Dist: Aurangabad. 3. Manisha w/o Sanjay Kale, Age: 39 years, Occu: Household, R/o: Maulinagar, Sillod, Tq: Sillod, Dist: Aurangabad. ..Applicants Versus 1. The State of Maharashtra. 2. Suresh s/o Sudhakar Khiste, Age: 28 years, Occu: Agri. R/o.: Pimpri, Tq: Sillod, Dist: Aurangabad ..Respondents (No.2-Orig. Complainant) … Mr. Imran Khan Guffar Khan Durrani, Advocate for the Applicants. Mr. K. B. Jadhavar, APP for Respondent-State. Mr. R. R. Kazi a/w Mr. Swapnil V. Lohiya, Advocate for Respondent No.2. … CORAM : S. G. CHAPALGAONKAR, J. RESERVED ON : 13th FEBRUARY, 2026. PRONOUNCED ON : 08th APRIL, 2026. JUDGMENT:- 1. The applicants seeks quashment of proceeding in Sessions Case No.82/2022 pending before Additional Sessions Judge, 2026:BHC-AUG:14838-DB (2) appln-2776-2021.odt Aurangabad arising out of Crime No.161/2023 registered with Sillod (Rural) Police Station, Dist. Aurangabad for offences punishable under Sections 306, 504, 34 of Indian Penal Code. 2. The investigation was set in motion on the basis of information given by one Suresh Khiste. In nutshell it is stated that his younger brother Yogesh Khiste and his friend Dnyanesh Shirsath were employed as watchman at godown of Mr. Vijay Ananda Pawar. On 05.07.2021, Yogesh and his friend Dnyanesh had been to godown. On 06.07.2021 at about 1.50 am he received phone call from Vijay Pawar that Yogesh and Dnyanesh have committed suicide. They have put Whatsapp status alongwith suicide note. When he reached to spot, he found that Yogesh and Dnyanesh were strangulated to wooden log. The police were informed about incident. On arrival of police, godown lock was opened and panchanama was carried. The hand written chits found in back pocket of Yogesh were seized. The dead bodies were shifted to Hospital. The suicide note stipulates that accused Moin Shaikh had filed false report against Yogesh and Dnyanesh, as they had witnessed him taking a prostitute in field. They had apprehension that their parents would be insulted. Another chit stipulates details of incident dated 05.07.2021, which suggests that accused persons alongwith a lady and unknown person were seen in field of Datta Pawar and Kashinath Pawar. They offered money (3) appln-2776-2021.odt to deceased persons. The deceased persons refused to accept offer. Thereafter, accused persons alongwith lady escaped on motorcycle. In that attempt, lady fell from motorcycle. Thereafter, accused lodged false report against deceased persons. It is further stated that accused persons are responsible for their suicide. 3. The aforesaid information culminated into lodging of FIR in Crime No.161/2021 at Sillod (Rural) Police Station, District Aurangabad for offences punishable under Sections 306, 504, 34 of Indian Penal Code. During course of investigation, suicide notes and articles which were seized from spot were sent for expert opinion. Meanwhile, charge-sheet came to be filed. The hand written chits are made part of charge-sheet. The opinion received from Additional Chief State Examiner of Documents Handwriting and Photography Bureau C.I.D., Maharashtra State, Aurangabad suggests that sample hand writing and hand writing on seized suicide notes are from common authorship. The statement of witnesses recorded during course of trial and CCTV footage shows that accused persons and deceased persons were seen at Hotel and thereafter, deceased persons followed accused persons on motorcycle. Prima facie, there is link between contents of suicide notes and role of accused persons. The suicide notes declares that accused persons are responsible for extreme steps taken by deceased persons to end their life. (4) appln-2776-2021.odt 4. Although learned Advocate appearing for applicants relying upon observations of Supreme Court in cases of Praveen Pradhan Vs. State of Uttaranchal and Anr.1, Didigam Bikshapathi and Another Vs. State of Andhra Pradesh2 and Nipun Aneja and Others Vs. State of Uttar Pradesh (Criminal Appeal No.654/2017 decided on 03.10.2024) contends that evidence on record is bereft to make out ingredient of offence under Section 306 of Indian Penal Code, this Court finds that in view of material on record, it would be difficult to form abrupt opinion negativing case of prosecution. Apparently, two young men died in incident. Immediately before their death, accused persons were in their contact. The suicide note states that accused persons are responsible for extreme decision to commit suicide. The record indicate that charge is framed in trial on 01.08.2023. The accused persons are already enlarged on bail. Prima facie, there is triable material against applicants. 5. In result, Criminal Application stands rejected. (S. G. CHAPALGAONKAR) JUDGE Devendra/April-2026 1 (2012) 9 SCC 734. 2 (2008) 2 SCC 403.