The Bombay High Court recently quashed an FIR filed against two persons working with the Maharashtra State Electricity Distribution Corporation Ltd (MSEDCL) stating that continuation of the prosecution would amount to abuse of the process of law. The two were charged with abetment of suicide of a colleague.
The court held, “The allegations made in the FIR or suicide note even if taken at face value do not constitute an offence under Section 306 (abetment of suicide) of IPC. In our view, the continuation of prosecution against the present applicant would amount to abuse of the process of law.”
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The applicants had approached the High Court seeking quashing of an FIR against them which was filed by the wife of the deceased, who was a technician in MSEDCL.
The deceased, along with another colleague, was sent to Phulgaon to shut down a line supply of a high tension wire to conduct certain tests. After getting instructions to go ahead from the deceased, his colleague climbed the electric pole. However, he received a massive electric shock. On April 4, 2014, during treatment, he died. The deceased was in great mental shock due to his death. Four days later, the applicants received information from one of their colleagues that the deceased was found dead, hanging from a tree.
A suicide note was allegedly found near the body. His wife filed an FIR claiming her husband faced harassment by colleagues who did not even grant him leave, as requested by him, after the accident.