High Court
Legal Reasoning
cria-2231.20+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCRIMINAL APPLICATION NO.2231 OF 20201) Pandu Misu Rathod, Age-55 years, Occu:Labour, R/o-2/96, Palsi B Tanda, Talamadugu, Adilabad (Telangana),2) Bebibai Khandu Rathod, Age-39 years, Occu:Household, R/o-Junapani, Taluka-Mahur, District-Nanded,3) Priyanka Rajesh Rathod, Age-31 years, Occu:Household, R/o-Junapani, Taluka-Mahur, District-Nanded,4) Kantabai Misu Rathod, Age-28 years, Occu:Household, R/o-Junapani, Taluka-Mahur, District-Nanded,5) Sanjana Misu Rathod, Age-35 years, Occu:Household, R/o-Junapani, Taluka-Mahur, District-Nanded,6) Nikhil Khandu Rathod, Age-20 years, Occu:Education, R/o-Junapani, Taluka-Mahur, District-Nanded, A/P-Nanded,7) Nikhita Khandu Rathod, Age-25 years, Occu:Education, R/o-Junapani, Taluka-Mahur, District-Nanded, A/P-Nanded. ...APPLICANTS cria-2231.20+2 VERSUS 1) The State of Maharashtra, 2) Kum. Humani D/o Bandu Rathod, Age-16 years, Occu:Education, R/o-Junapani, Taluka-Mahur, District-Nanded, Under Guardian Digambar S/o Nursing Jadhav, R/o-Malkaguda Tanda, Taluka-Mahur, District-Nanded. ...RESPONDENTS WITH CRIMINAL APPLICATION NO.2215 OF 20201) Khandu S/o Misu Rathod, Age-55 years, Occu:Agri., R/o-Junapani, Taluka-Mahur, District-Nanded2) Rajesh S/o Misu Rathod, Age-39 years, Occu:Agri., R/o-Junapani, Taluka-Mahur, District-Nanded. ...APPLICANTS VERSUS 1) The State of Maharashtra, 2) Kum. Humani D/o Bandu Rathod, Age-16 years, Occu:Education, R/o-Junapani, Taluka-Mahur, District-Nanded, A/P-C/o- Nursing Pandu Jadhav, At-Malkaguda Tanda, Taluka Mahur, District-Nanded. Under Guardian Digambar S/o Narsing Jadhav, R/o-Malkaguda Tanda, Taluka-Mahur, District-Nanded. ...RESPONDENTS cria-2231.20+3 ... Mr. R.B. Ade Advocate for Applicants in both Applications. Mr. A.V. Lavte, A.P.P. for Respondent No.1 in both the Applications. Mr. R.M. Bhagwat Advocate h/f. Mr. G.P. Shinde Advocate for Respondent No.2 in both Applications. ... CORAM: SMT. VIBHA KANKANWADI AND S.G. CHAPALGAONKAR, JJ. DATE : 21st OCTOBER, 2024 ORDER [PER SMT. VIBHA KANKANWADI, J.] :1.Both these Applications have been filed under Section 482of the Code of Criminal Procedure. Both the Applications are inrespect of same offence. However, it is to be noted that CriminalApplication No.2231 of 2020 has been filed by the other accusedpersons for quashing the the First Information Report (for short“the FIR”) vide Crime No.92 of 2020 registered with ShindkhedaPolice Station, District Nanded for the offence punishable underSections 302, 328, 143, 147, 149, 323 of the Indian Penal Code.2.So far as Criminal Application No.2215 of 2020 isconcerned, the same is filed for quashing and setting aside theentire charge-sheet No.43 of 2020 filed against the applicantstherein after investigating the offence vide Crime No.92 of 2020 cria-2231.20+4registered with Shindkheda Police Station, District Nanded forthe offence punishable under Sections 302, 328, 143, 147, 149,323 of the Indian Penal Code. 3.It will not be out of place to mention here that the FIR isagainst in all nine persons, but the charge-sheet came to be filedonly against two persons i.e. applicants in Criminal ApplicationNo.2215 of 2020 i.e. original accused Nos.1 and 2. After hearingthe learned Advocate for the applicants therein, whendisinclination is shown to grant any relief to the applicants,learned Advocate for the applicants, on instructions soughtwithdrawal of the said Application. Accordingly, CriminalApplication No.2215 of 2020 stands disposed of as withdrawn.4.In respect of the applicants in Criminal Application No.2231of 2020 we have heard the learned Advocate for the applicants,learned APP for the State as well as learned Advocate forrespondent No.2.5.Respondent No.2 – informant is a minor daughter of thedeceased Bandu Rathod, studying in 9th standard at that time.She contended in the FIR that her father has received five acresof land, upon partition of the ancestral property, at village cria-2231.20+5Junapani. Then her father had purchased another four acres ofland at Wai Bazar. Her parents were residing in Nanded inconnection with the education of the informant. But due to CovidPandemic situation, since March 2020 the parents went to stayat Junapani, whereas she has gone to stay with her grandfatherPandu Jadhav at Malkaguda Tanda. She also states that since herparents were earlier residing at Nanded, their five acres of landat Junapani was cultivated by her uncle Khandu i.e. originalaccused No.1. After her parents went to Junapani in CovidPandemic, they started cultivating their agricultural land,whereupon her uncle Khandu and another uncle Rajesh (originalaccused Nos.1 and 2) raised dispute with her father. There wasalso a meeting of the panchas from her community about twentydays prior to the incident. The panchas had tried to settle thedispute and she came to know about the same from her father.Then she alleges that on 10th June 2020 her father contacted hermaternal uncle at about 7.00 to 7.15 a.m. It was disclosed bythe maternal uncle that original accused Nos.1 and 2 as well asthe present applicants had assaulted her parents at Junapaniand they had forcibly administered poison to her mother and hadthrown poison on the person of her father. The parents weretaken to hospital at Mahur and thereafter they were taken tohospital at Yavatmal. Her maternal uncle, his wife and cria-2231.20+6grandfather went to Yavatmal on 11th June 2020 where hermother was admitted in ICU and father was admitted in generalward. She also went with them. Her father was trying to talkwith her, however, due to throat problem, he was unable tospeak properly. Her father was then shifted to ICU around 2.00p.m. and then she returned along with her grandfather to villagearound 3.00 p.m. Her parents expired on 16th June 2020.6.As it appears from the charge-sheet, wherein theinvestigating officer himself has stated that the charge-sheet isonly against two accused persons i.e. Khandu Misu Rathod andRajesh Misu Rathod, as their involvement is seen. However, hesays that in respect of involvement of present applicants, theinvestigation is going on and if concrete evidence is collectedthen charge-sheet will be filed under Section 173(8) of the Codeof Criminal Procedure.7.We had asked the learned APP to take the instructionsfrom the investigating officer, as to whether any furtherinvestigation has been carried out against the present applicantsin view of the fact that charge-sheet against original accusedNos.1 and 2 was filed on 7th September 2020. Upon instructions,the learned APP stated that no further investigation has been cria-2231.20+7taken up. Thus for about four years there is absolutely no furtherinvestigation. The hanging sword cannot be put on the heads ofthe applicants for indefinite period by stating that theinvestigating officer has prayed that he would continue theinvestigation and as and when the evidence will be available thenhe will file the charge-sheet. The name of the present applicantswas disclosed in the FIR itself and therefore, there should besimultaneous collection of evidence against all the accused. At alater point of time, the investigating officer without any reasoncannot ask for continuation of further investigation against someof the accused. We take that there is no evidence against thepresent applicants and therefore, this is a fit case where weshould quash and set aside the FIR against the presentapplicants. Hence the following order:- O R D E R(I)Criminal Application No.2215 of 2020 standsdisposed of as withdrawn in view of the prayer forwithdrawal as a result of disinclination shown asagainst the applicants therein.(II)Criminal Application No.2231 of 2020 standsallowed. cria-2231.20+8(III)The First Information Report Crime No.92 of2020 registered with Shindkheda Police Station,District Nanded for the offence punishable underSections 302, 328, 143, 147, 149, 323 of theIndian Penal Code, stands quashed and set asideas against applicant Nos. 1 to 7 i.e. 1) Pandu MisuRathod, 2) Bebibai Khandu Rathod, 3) PriyankaRajesh Rathod, 4) Kantabai Misu Rathod, 5)Sanjana Misu Rathod, 6) Nikhil Khandu Rathodand 7) Nikhita Khandu Rathod. [S.G. CHAPALGAONKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGEasb/OCT24