Criminal Application seeking quashing of FIR where investigation revealed applicant was not present at the time of incident and had no role in the alleged assault. Court accepted Investigating Officer's statement and quashed FIR against applicant only.
C.R. No.84 of 2016 stands quashed only in relation to the present Applicant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APL447.16.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.447 OF 2016
Praval Deepak Karekar ... Applicant v/s State of Maharashtra and another ... Respondents
Mr Kuldeep S. Patil for the Applicant. Ms M.H. Mhatre, APP for the Respondent No.1. Mr Anand Shivaji Patil for the Respondent No.2.
Mr Sagar Ramchandra Khare, PSI, Rajarampuri Police Station, Kolhapur present.
CORAM: A.S. OKA AND A.A. SAYED JJ.
DATE : 3RD OCTOBER 2016.
ORAL JUDGMENT (PER A.S. OKA, J.) :-
No.1. Leaned counsel appearing for Respondent No.2 waives
service.
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Application, the same is forthwith taken up for final hearing. The prayer in this application under Section 482 of the Code of Criminal Procedure 1973 (for short, Cr.P.C.) is for quashing the FIR registered vide C.R. No.84 of 2016 at Rajarampuri Police Station, Kolhapur for the offences punishable under Sections 147,148,149,307,504 of Indian Penal Code and Section 37 r/w section 135 of the Maharashtra Police Act, 1951.
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out an iron rod. The allegation is that Ganesh assaulted the Respondent No.2 with the sword and the present Applicant assaulted him with an iron rod.
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report, a prayer was made by the Investigating Officer to grant permission to release the Applicant in accordance with provisions of Section 169 of Cr.P.C. On the said report dated 10th August 2016, the learned Magistrate passed an order “the report is seen and filed.” On 17th August 2016, another report was filed by the Investigating Officer before the learned Magistrate. The said report records that when the offence was committed, the Applicant was admitted to City Hospital, Kolhapur as an indoor patient and the said fact is established on the basis of medical certificate and statement of Medical Officer of the City Hospital. It is further recorded that a report has already been submitted to release the Applicant. Moreover, it is stated that as the offence has been committed only by four persons, sections 147, 148 and 149 of IPC are being deleted.
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Cr.P.C.
“169. Release of accused when evidence deficient - If, upon an investigation under this Chapter, it appears to the officer in-charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the office on a police report, and to try the accused or commit him for trial.”
on bail. The power under section 169 of Cr.P.C is of the Officer In-
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Charge of the Police Station to release a person in his custody on executing a bond provided the the conditions incorporated in Section 169 are satisfied. For exercising the power under section 169 of Cr.P.C, a permission or consent of the learned Magistrate is not required. Therefore, the Investigating Officer had no occasion to submit the reports dated 10th August 2016 and 30th September 2016 before the Learned Magistrate seeking permission to release the Applicant under Section 169 of Cr.P.C.
section 482 of Cr.P.C. to quash the offence as against the Applicant.
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“(i) C.R. No.84 of 2016 registered at Rajarampuri
Police Station, Kolhapur stands quashed only in relation to the present Applicant;
(ii) We make it clear that we have made no adjudication on the role played by other persons shown as accused;
(iii) Rule is made absolute on the above terms.
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(iv) All concerned to act upon an authenticated copy of
this order.
(A.A. SAYED J.)
(A.S. OKA J.)
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1 issue framed by the court
Whether the FIR registered under Sections 147, 148, 149, 307, 504 IPC should be quashed as against the applicant who was not involved in the incident.
1 provisions across 1 enactments
Praval Deepak Karekar
State of Maharashtra
A.S. OKA
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
