{1} ALS-91-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPLICATION FOR LEAVE TO APPEAL BY STATE NO. 91 OF 2026 The State of Maharashtra Through : Karjat Police Station, Tq.Karjat, District Ahmednagar. ….Applicant Versus Jyoti Narayan Parihar Age: 35 years, Occu.: Service, R/o. : At Sobapuram, Flat No.116, Building No.5, Bombay-Benguluru Highway, Warje-Pune-58, District Pune. …..Respondent (Ori. Accused) ….. Mr.V.V.Jahagirdar, APP for Applicant. Ms.Monica Nitin Bagwe h/f. Mr.Chandrashekhar P. Sengaonkar, Advocate for Respondent. ….. CORAM : ABHAY S. WAGHWASE, J. RESERVED ON : 31 AUGUST, 2026 PRONOUNCED ON : 01 SEPTEMBER, 2026 ORDER : 1. Dissatisfied by Judgment and order dated 03-02-2022 passed by learned Additional Sessions Judge, Shrigonda, District Ahmednagar in Sessions Case No.220 of 2019, acquitting present respondent from charge under Section 306 of the Indian Penal Code (IPC), State intends to file appeal and therefore, present leave to file appeal has been pressed into service. 2026:BHC-AUG:39587 {2} ALS-91-2026 2. Learned APP would submit that, accused was working as Block Education Officer (BEO) whereas deceased was working as Primary Teacher in Zilla Parishad Primary School at Wagholi. That, accused had called deceased for initiating action for illegally running School by Shri Rege at Dagadkhan Vasti and also to lodge report at Lonikand Police Station. That, accused had also issued notice of misconduct against deceased and there was continuous harassment to deceased by accused due to which deceased was under pressure and depression. That, on 24-04-2017, deceased Jeevan Ramchandra Waghmare consumed poison and committed suicide. That, said suicide was only because of harassment by accused. That, There was no other reason for committing suicide. That, there was suicide note but the same has not been correctly appreciated. According to learned APP, the said suicide note was authored by deceased and it was also duly identified by complainant as well as wife of deceased, therefore, there was no need for referring said suicide note to handwriting expert. However, only for want of opinion of handwriting expert, said suicide note was kept out of purview of consideration and the judgment is also perverse on many other counts and as State has a good case in appeal, he urges for leave. {3} ALS-91-2026 3. Per contra, learned counsel for respondent submits that prosecution has miserably failed to connect accused to said suicide of deceased. That, there was no cogent, reliable evidence about any harassment. That, as acts of accused were in discharge of official duty, there was no mens rea or ill intention, moreover notice was issued by Chief-Executive Officer, Zilla Parishad, Pune, and not by accused. That, moreover prosecution has failed to secure permission to prosecute as required under Section 197 of the Criminal Procedure Code (the Cr.P.C.). Moreover, as abetment to commit suicide is not proved, according to her, learned trial Court committed no error in refusing the case of prosecution. Resultantly, she justifies order of acquittal and prays to reject application for want of merits. 4. After hearing above submissions and on going through the papers, it seems that there is no dispute that accused was working as BEO and deceased was serving as Primary Teacher in Zilla Parishad Primary School at Wagholi. It seems that, accused in the capacity of BEO, noticed that the school of Shri Reghe being run illegally at Dagadkhan Vasti and some teachers were summoned. Deceased Jeevan had not accompanied them and therefore, there was dispute between Shri Rege, accused as well as teachers of the School at {4} ALS-91-2026 Wagholi and it is further alleged that, accused had called all teachers to Lonikand Police Station to lodge report against Shri Rege on 09-01-2017. According to prosecution, accused was pressuring deceased Jeevan also to go to Police Station to lodge report and he had pressurized as well as threatened to send adverse report for his suspension. 5. According to prosecution, deceased was under pressure and depression due to said threats and on 24-04-2017, he allegedly consumed poison. Deceased Jeevan was examined by PW9 Dr.Yadav, who conducted autopsy and opined death due to asphyxia due to unknown poisoning. 6. Apparently, alleged dispute was of 09-01-2017 and furthermore alleged suicide by consumption of poison is of 24-04-2017 i.e. almost three and half months after quarrel and dispute. There is no material of any occurrence involving accused in any incidence in proximity to 24-04-2017 so as to attribute any harassment to him. No positive role is attributed to respondent. Precisely, the essentials like inducement, abetment to commit suicide are patently missing from prosecution evidence. {5} ALS-91-2026 Further, as submitted, learned trial Court in paragraph 37 has noted that, even when accused was BEO and in employment of the Government, no prior sanction has been obtained to prosecute as required under Section 197 of the Cr.P.C. Therefore, when essential requirements like abetment, inducement, instigation are missing in the evidence of prosecution, charge of Section 306 of the IPC cannot be allowed to be sustained and therefore, learned trial Court committed no error in acquitting the accused. No case or point is made out on merits so as to accord leave. With such quality of evidence on record, no fruitful purpose would be served by according leave. Hence, leave is refused. Accordingly, following order is passed : ORDER The application stands rejected. ( ABHAY S. WAGHWASE ) JUDGE SPT