The Supreme Court on Monday dismissed the appeal filed by Abhinav Mohan Delkar, son of late Member of Parliament Mohan Delkar, seeking restoration of a suicide abetment case against nine individuals. The Court upheld the Bombay High Court’s order that had earlier quashed the first information report (FIR) registered in the matter.
A Bench comprising Chief Justice of India BR Gavai and Justices Vinod Chandran and NV Anjaria ruled that the material on record was insufficient to proceed against the accused, which included Praful Patel, Administrator of the Union Territories of Dadra and Nagar Haveli, Daman and Diu, and Lakshadweep.
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Mohan Delkar, a seven-time MP from Dadra and Nagar Haveli who had contested as an independent in the 2019 Lok Sabha elections, was found dead in a Mumbai hotel room on February 22, 2021. A 14-page suicide note was recovered, alleging political harassment and pressure.
The FIR, lodged at Marine Drive police station, cited offences under Sections 306 (abetment of suicide), 506 (criminal intimidation), and 389 (putting person in fear of accusation of offence) of the Indian Penal Code. It alleged that Delkar had faced continued harassment by the Union Territory administration at the behest of Praful Patel.
"Humiliation alone may not amount to instigation to commit suicide," CJI Gavai remarked during the proceedings.
The Bench further observed that even if words such as "go and die" were used, followed by suicide within a short period, Section 306 of IPC may still not apply.
With this ruling, the Supreme Court closed the case, affirming that the FIR against the nine accused cannot stand.
Case Details : ABHINAV MOHAN DELKAR vs. THE STATE OF MAHARASHTRA|
Case No.:- Crl.A. No. 002177 - 002185 / 2024
