Criminal Application No. 1889 of 2010 · Bombay High Court

approaching this Court for seeking quashment of the FIR registered against him and the other accused persons. Learned Counsel for the applicant submits that bare perusal of the report would show that except vague allegations against the applicant, no material is revealed in the report so as to connect the applicant for the said offence. He further submits that only the presence of the applicant along with some other persons may not be a ground for facing the prosecution for the offence punishable under Sections 147, 148, 325, 506 read with Section 149 of the Indian Penal Code along with Section 4 r/w 25 of the Arms Act. Learned Counsel for the applicant further submits that even the identity of the assaulter against whom the allegation of landing assault by weapon sword is made, is not established. Learned Counsel concluded his submission by submitting that in view of the material, the indulgence of this Court under Section 482 of the Code of Criminal Procedure is required in the present application.

Per contra, learned APP strongly opposes the application. Reply is filed on behalf of the respondent/State. He submits that it is revealed from the material collected by the 2 investigating agency that the complainant who is a government official namely Shri Rajendrakumar Vishnupant Manthanwar at village Sindhi Meghe, was discharging his duties sincerely. He was initiating action for illegal transport of minerals including sand. Learned APP further submits that the action taken by the complainant was against the interest of certain persons and as such they had a grievance against the complainant. The applicant is one of such persons. Learned APP further submits that on the date of incident i.e. on 29th September, 2010 when the complainant along with his friend Yogesh Nikam was proceeding to a pan shop, the applicant along with the other accused persons namely Bhure, Lakhe and other 8-10 persons picked up quarrel with the complainant on the ground that as their vehicles are being apprehended, they are facing losses.

In this quarrel, one of the accused assaulted the complainant by sword and the complainant was seriously injured. Learned APP further submits that the statement of the friend of the complainant, namely, Yogesh Nikam reveals that on the day of the incident, the applicant was present along with Bhure, Lakhe and other persons. He also witnessed the incident and the quarrel on the ground of the action taken by the complainant. The presence of the applicant is specifically observed by the complainant as well as Yogesh Nikam. Learned APP further submits that as per the medical report, the victim received head injury i.e. incised wound of size 8x1x1 cm. The Medical Officer has opined that the injury is serious one. Learned APP further submits that the investigation is still in progress and in view of the attack on the government official, a deep investigation is required. On considering the material, I am of the opinion that there is sufficient material against the applicant.

It is not in dispute that by invoking the powers under Section 482 of the Code of Criminal Procedure, this Court can certainly quash the FIR while there is sufficient material to satisfy the Court. In the present matter, in my opinion, this is not matter in which this 3 Court can show any indulgence. In the result, the application is rejected. *rrg. JUDGE