APPELLATE v. The State of Maharashtra & Anr.

Amit A.S. Shubhangi Sale Shitole, Borade APP respondent petitioner. State. no.2. CORAM: CORAM: CORAM: B.H. B.H. B.H. MARLAPALLE, MARLAPALLE, MARLAPALLE, J. J. J. DateDateDate : : : September September September 13, 13, 13,

2007. 2007. 2007.

Heard Mr. Sale the learned counsel for the petitioner. Mr. Shitole, learned APP appears the State and Ms. Borade the learned counsel appears for the respondent no.2.

This petition filed under Article 227 of the Constitution Section 482 Cr.P.C. quashing C.R. No.142 1994 registered against 15/10/1994 petitioner offences punishable Section 323 IPC Section 3(1)(x) Scheduled Castes :2:

1989. Scheduled Tribes (Prevention Atrocities) Act, During course investigation, present petitioner absconding and, therefore, charge-sheet against Shri Subhash Jayprakash Salunkhe Special Criminal Case No. 3

1995. The original complainant PW 1 Shri Popat Shivaji Lokhande stepped witness 15/10/1998 during Special Cri. Case No.3 1995 declared hostile learned APP. The Special Cri. Case No.3 1995 finally dismissed learned 4th Addl. Sessions Judge Sangli Judgment Order 15/10/1998. About 9 later, petition quashing the C.R. from which Special Cri. Case No.3 of 1995 originated.

The original complainant-respondent no.2 has affidavit-in-reply supported prayer quashing C.R. In addition, Mr. Sale relied decision Mansur A. Khan vs. State of Maharashtra ors. [2004 (3) Mh.L.J. 550] and more particularly the observations made in para 10 therein. :3:

Undoubtedly, the petitioner was not available trial, declared absconder 9 C.R. approaches quashing allowing a prayer amounting granting reward absconder. The petitioner cannot allowed acquittal in support of his prayer to quash the C.R. when he was absconding.

Petition is rejected summarily. (B.H. Marlapalle,J.) Marlapalle,J.) (B.H. (B.H. Marlapalle,J.)