High Court

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cria-1819.231 IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPLICATION NO.1819 OF 20231) Dinkar S/o Mango Ghodake, Age-74 years, Occu:Agricultural,2) Sudhakar S/o Dinkar Ghodake, Age-35 years, Occu:Agricultural,3) Pralhad S/o Trambak Thosar, Age-60 years, Occu:Agricultural,4) Nivrutti S/o Narayan Anasune, Age-33 years, Occu:Agricultural,5) Atul S/o Hari Ghodke, Age-32 years, Occu:Agricultural,6) Narayan S/o Dnyaneshwar Ghodke, Age-19 years, Occu:Agricultural,7) Pravin S/o Samadhan Ghodke, Age-30 years, Occu:Agricultural,All Applicants R/o- at Sawlatbara,Taluka-Soyegaon, District-Aurangabad. ...APPLICANTS VERSUS 1) The State of Maharashtra, Through the Investigating Officer, Fardapur Police Station, Aurangabad (R),2) Sheikh Ibrahim @ Sandu Shaikh Ismail, Age-32 years, Occu:Agricultural, R/o-at Sawalatbara, Taluka-Soyegaon District-Aurangabad. ...RESPONDENTS cria-1819.232 ... Mr. Dhananjay A. Naik Advocate for Applicants. Mr. V.K. Kotecha, A.P.P. for Respondent No.1. Mr. V.S. Wakale Advocate for Respondent No.2 (Absent). ... CORAM: SMT. VIBHA KANKANWADI AND R.W. JOSHI, JJ. DATE : 19th NOVEMBER, 2024 ORDER [PER SMT. VIBHA KANKANWADI, J.] :1.Present application has been filed invoking the inherentpowers of this Court under Section 482 of the Code of CriminalProcedure, initially for quashing the First Information Report (forshort “the FIR”) vide Crime No.45 of 2023 dated 3rd April 2023registered with Fardapur police station, Aurangabad Rural,District-Aurangabad and after amendment when thecharge-sheet is filed, for quashment of the proceedings i.e.Charge-sheet No.72 of 2023 pending before the leaned JudicialMagistrate First Class, Soyegaon, District-Aurangabad for theoffence punishable under Sections 143, 147, 148, 149, 324, 323,325, 504, 506 of the Indian Penal Code. 2.Heard learned Advocate Mr. Naik for the applicants andlearned APP Mr. Kotecha for respondent No.1. Learned Advocatefor respondent No. 2 was absent when called. In order to cut cria-1819.233short, it can be stated that both the sides have madesubmissions in support of their respective contentions.3.Perusal of the FIR lodged by respondent No.2 would showthat the informant was in Government Hospital, Buldhana whenhe lodged the report on 3rd April 2023. The FIR is in respect ofthe incident alleged to have been taken place around 2.00 p.m.of 28th February 2023 at Savaladbara, Taluka-Soyegaon, District-Aurangabad. The informant says that he had taken his tractor foragricultural activities in the field of one Ismail Tadvi. He wentshort of diesel and therefore, he himself and his father IsmailShaikh Lukman Shaikh were proceeding towards the village bywalk from Government road (Panand Rasta). When they werenear the field of applicant No.1 - Dinkar, applicant No.1intercepted them and asked as to why they are not taking thetractor in his field and he started abusing. Informant asked himas to why he is abusing. At that time applicant No.1 assaultedhim by wooden log. As a result of which, he fell down. His fatherran away towards the village. Applicant No.1 then called hisrelatives i.e. other accused, applicant Nos. 2 to 7, by givingphone call to them. All the other accused came running andaccused No.2 - Sudhakar thereafter assaulted him with the pipe cria-1819.234of sprinkler towards the back side of left leg. It is then statedthat applicant No.3 - Pralhad assaulted him on his back withstick. Applicant No.4 - Nivrutti assaulted him by fists and kicksblows. The other accused persons had assaulted informant bykicks and fists blows. He was given threat to kill and then all ofthem fled. The informant says that he had received fracturetowards the left leg ankle joint.4.Perusal of the contents of the charge-sheet would showthat there is a statement of father who supports the story tillapplicant No.1 assaulted the informant and then he says thatdue to fear that he would also be assaulted, he ran towards thevillage. Then he says that he came to know from his relativesthat the informant and other relatives had gone to Police Chowkiand then Police referred the informant for medical check-up.Then his son has been admitted to hospital. The other witnesses,namely, Sandu Khan Dawood Khan Pathan and Firoj Khan Pathanhave stated that they came to know about the incident after itwas told to them by the father of the informant and then aboutadmission of the informant to the hospital. Thus, it is to be notedthat except the bare statements of the informant, there isnothing as against applicant Nos.2 to 7. The fact about cria-1819.235involvement of the other accused appears to be exaggerated andunbelievable for the simple reason that in the entirecharge-sheet there is no distance mentioned from the spot tothe village. According to the informant, when he fell down afterhe was assaulted by applicant No.1, applicant No.1 gave phonecall to the other accused persons and then they came. Whateverinjury the informant has suffered is simple in nature as regardsthe head is concerned and then the ankle joint had fracture. Asregards the fracture, there is no evidence in the form ofdischarge card from hospital at Buldhana. Therefore, wheninformant had the opportunity to ask for help and when hisfather, who had initially seen applicant No.1 assaulting theinformant, went back to the village, he could have asked for helpin the village and brought certain persons along with him to thespot. No such action appears to have been taken and therefore,as regards the involvement of applicant Nos. 2 to 7 is concerned,it is unbelievable and appears to be with mala fide intentionsimply to pressurize applicant No.1 as applicant Nos. 2 to 7appears to be relatives of applicant No.1. Therefore, as regardsapplicant Nos. 2 to 7 are concerned, definitely case is made outfor quashment of the FIR and further proceedings. cria-1819.2365. However, as regards applicant No.1 is concerned,definitely there is some evidence for taking cognizance underSection 324 of the Indian Penal Code or upon submission ofmedical certificate it may go up to Section 326 of the IndianPenal Code (though Section 325 appears to have been invoked),with Section 504, 506 of the Indian Penal Code. It is to be notedthat, while hearing the matter when we have showndisinclination to grant any relief to applicant No.1, learnedAdvocate for the applicants, after taking instructions fromapplicant No.1, has sought withdrawal of the application asagainst applicant No.1. We therefore, proceed to pass followingorder:- O R D E R(I)The Application stands partly allowed.(II)The Application as against applicant No.1 -Dinkar S/o Mango Ghodake, stands dismissed aswithdrawn.(III)Application as against applicant Nos. 2 to 7stands allowed. cria-1819.237(IV)The proceedings in Charge-sheet No.72 of2023 pending before the leaned Judicial MagistrateFirst Class, Soyegaon, District-Aurangabad, arisingout of the First Information Report vide CrimeNo.45 of 2023 dated 3rd April 2023 registered withFardapur Police Station, Aurangabad Rural, District-Aurangabad, for the offence punishable underSections 143, 147, 148, 149, 324, 323, 325, 504,506 of the Indian Penal Code, stands quashed andset aside as against applicant Nos.2 to 7. i.e. 2)Sudhakar S/o Dinkar Ghodake, 3) Pralhad S/oTrambak Thosar, 4) Nivrutti S/o Narayan Anasune,5) Atul S/o Hari Ghodke, 6) Narayan S/oDnyaneshwar Ghodke and 7) Pravin S/o SamadhanGhodke. [R.W. JOSHI] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/NOV24