Anita W/O. Ganesh Kakade and others applied for quashing of FIR No. 113/2015 and chargesheet arising from an alleged assault involving a sickle and iron bar. The court found substantial material against the applicants involving unlawful assembly and rejected the application.
Application for quashing of FIR and chargesheet rejected.
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Cri.Appln.No. 2014/17
1
IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
6 CRIMINAL APPLICATION NO. 2014 OF 2017
ANITA W/O. GANESH KAKADE AND ANR
VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicants : Mr. A.R. Kawade APP for Respondent/State : Mr. R.V. Dasalkar
CORAM : T.V. NALAWADE AND
S.M. GAVHANE, JJ.
DATED : September 25, 2017.
ORDER :
. The application is filed for quashing of F.I.R. No. 113/2015 registered in Phulambri Police Station, District Aurangabad and also for quashing of chargesheet filed by Phulambri Police in the aforesaid F.I.R. Notice made returnable forthwith. The learned APP waives notice. Heard both the sides for final disposal.
Cri.Appln.No. 2014/17
2
his Pan stall and there, his friends like Sahebrao, Ashok were present and one Amol had also came there. After taking tea, when they were sitting together, accused No. 1 Ganesh came with sickle and accused No. 2 Kaka came with iron bar. Allegations are made that three assailants like Dattu, Jaya and Anita also came together to the spot. The present proceeding is filed by females like Jaya and Anita.
Cri.Appln.No. 2014/17
3
which was also caused by sharp weapon. Though the injuries are described as simple injuries, at this stage, this Court is not expected and observe by considering other circumstances including the defence that there was no intention to finish the first informant. There are statements of aforesaid witnesses in support of the allegations made by the first informant. In view of these circumstances, it cannot be said that there is virtually no material against the present applicants. When the offence is committed by unlawful assembly, the part played by individual member of the unlawful assembly becomes irrelevant and object which was achieved becomes relevant. In the present matter, in
view of the facts and circumstances, this Court holds that it is not possible to quash and set aside the F.I.R. and chargesheet. The application is rejected. No need was felt to issue notice to the original complainant.
[S.M. GAVHANE, J.] [T.V. NALAWADE, J.]
ssc/
2 issues framed by the court
Whether the present criminal application for quashing the F.I.R. No. 113/2015 and chargesheet under Section 482 CrPC is maintainable in light of the evidence showing involvement in an unlawful assembl
Whether sufficient material exists on record to sustain the charges against the applicants and thus deny quashing of proceedings.
ANITA W/O. GANESH KAKADE AND ANR
THE STATE OF MAHARASHTRA
T.V. NALAWADE
S.M. GAVHANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
