ABHIJIT ASHOK TALWALKARversusTHE STATE OF MAHARASHTRA

                                                                               28-REVN-319-2023 (CR).doc


                      Shubhada S Kadam


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                   CRIMINAL REVISION APPLICATION NO.319 OF 2023

                      Abhijit Ashok Talwalkar                         ….Applicant
                      versus
                      The State of Maharashtra                        ….Respondent
                      _________________________________________________________________

                      Mr. Vinayak Garge with Mr. Aamir A. Qureshi, Advocate for Applicant.
                      Mr. Prashant P. Jadhav, APP for Respondent-State.
                      Mr. Kurat Ladak Kondhari, HC, Palghar Police Station, present.
                      _________________________________________________________________

                                                              CORAM        :   SHIVKUMAR DIGE, J.
                                                              DATE         :   17th JUNE, 2026.
                      P.C. :

                      1.           The challenge in this application is to the impugned order dated

                      27th     April 2023 passed by the learned Assistant Sessions Judge, Palghar,

                      whereby the discharge application of the applicant was rejected.

                      2.           It is prosecution's case that the deceased Kamalakar alias Suresh Patil

                      committed suicide by hanging himself. It is alleged that he committed suicide

                      due to mental and physical pressure by the applicant, and the suicide note found

                      after his death mentions the name of the applicant and other co-accused.

                      3.           It is contention of learned counsel for the applicant that the

                      applicant has been falsely implicated in this case. The agreement in respect of

SHUBHADA              transfer of shops of the deceased in the name of the applicant's father was
SHANKAR
KADAM                 executed in the year 2005, and the deceased committed suicide in the year 2016,
Digitally signed by
SHUBHADA SHANKAR
KADAM                 which is after 11 years. The deceased had executed an MOU in favour of the
Date: 2026.06.23
11:17:25 +0530


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                                                         28-REVN-319-2023 (CR).doc


Shubhada S Kadam

applicant and his father, relinquishing his right in respect of two shops. On the

day of the incident, the applicant had no reason to harass the deceased. Nothing

is produced in the chargesheet against the applicant to show his involvement in

the crime but this fact was not considered by the learned Assistant Sessions

Judge, and has passed the impugned order, which is erroneous; and requested to

allow the application. He relied on following judgments :

1.          Rajesh versus State of Haryana (2020) 15 SCC 359
2.          Prakash and ors. versus The State of Maharashtra and anr.,
2024        INSC 1020.


4.          It is contention of learned APP that the deceased was the tenant of

the applicant's father and was holding two shops. The applicant and his father

wanted to develop the said building, and accordingly they agreed to give new

shops in the newly constructed building as per the agreement dated 30th March

2005 after reconstruction of the building. The applicant avoided giving

ownership of the newly constructed shops to the deceased. It is alleged that the

applicant forcefully executed an MOU with the deceased by compelling him to

sell two shops. It is alleged that the applicant and co-accused were demanding

₹14 lakhs from the deceased, which was given as a hand loan. Due to

continuous mental pressure by the applicant and co-accused, the deceased

committed suicide by writing a suicide note. In the suicide note, there are

specific allegations against the applicant, which show his involvement in the

crime. The learned Assistant Sessions Judge has passed a well-reasoned order,

no interference is required in it and requested to reject the application.

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Shubhada S Kadam

5.          I have heard both learned counsel, perused impugned order.

Admittedly, the deceased was the tenant       in the applicant's building. It was

assured by the applicant to the deceased that he would provide two shops after

reconstruction of new building. It appears from the record that after

reconstruction of the new building, the applicant forcefully compelled the

deceased to sell those two shops. It is alleged that thereafter the applicant and

co-accused were harassing the deceased for returning the amount of ₹14 lakhs,

which was given to him as a hand loan. In the suicide note, there are specific

allegations against the applicant that he and the co-accused were harassing the

deceased for returning the amount and interest on it, and that he is committing

suicide due to the harassment by the applicant and co-accused.

6.          At the threshold, it cannot be said that the charges levelled against

the applicant are groundless. From the documents produced on record and the

charge sheet, a prima facie case is made out against the applicant. I have gone

through the case laws cited by the learned counsel for the applicant. The facts of

the cited cases and the present case are different, hence not applicable.

7.          In view of the above, I pass following order:

                                    ORDER

            (I)         The criminal revision application is dismissed.




                                    (SHIVKUMAR DIGE, J.)



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