The court dismissed two criminal applications under Section 482 CrPC seeking quashing of proceedings for offences under the SC/ST Act and IPC. Finding sufficient evidence, including a chargesheet and FIR, the court held no relief could be granted.
Writ of quash dismissed. Rule discharged. Interim relief vacated.
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.
Cri. Appln. No. 99/2008 & Anr.
1
IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 99 OF 2008
WITH
CRIMINAL APPLICATION NO. 88 OF 2009
2
Cri. Appln. No. 99/2008 & Anr.
Both R/o. Takli Deshmukh, Taluka Parli-Vaijnath, Dist. Beed. ....Applicants.
Vs.
....Respondents.
Mr. S.J. Salgare, APP for respondent Nos. 1 and 2.
CORAM : T.V. NALAWADE AND K.L. WADANE, JJ. DATED : July 5, 2018.
JUDGMENT : [PER T.V. NALAWADE, J.]
Cri. Appln. No. 99/2008 & Anr. 3
of Indian Penal Code.
Cri. Appln. No. 99/2008 & Anr. 4
tear to her clothes and they also caused tear to clothes of her relative Kaishabai when she came to rescue her. The F.I.R. was given immediately after next day of the incident. Supplementary statement of the first informant was recorded and she has made specific allegations against all the applicants. The names of witnesses are mentioned and their statements are recorded by police. Statement of other lady against whom also offence is committed is also recorded. There are injury certificates in respect of both these ladies showing that they had sustained injuries like contusion over wrist, hands. Thus, there is more than sufficient material to make out the case for aforesaid offences. Further, even when the chargesheet came to be filed, no amendment is made in the present proceedings to claim the relief of quashing of the case itself. In view of all these circumstances, this Court holds that no relief can be granted to the applicants of both the proceedings. Both the proceedings stand dismissed. Rule stands discharged. Interim relief is vacated.
[K.L. WADANE, J.] [T.V. NALAWADE, J.]
ssc/
2 issues framed by the court
Whether a criminal application under Section 482 CrPC seeking quashing of proceedings for SC/ST offences and IPC offences should be allowed given the facts found.
Whether the presence of prima facie evidence and the existence of a chargesheet warrants granting the relief of quashing.
3 provisions across 3 enactments
Sandeep @ Sandeepan
Pradeep
Premila
Ratnamala
Anant
Jagannath
T.V. NALAWADE
K.L. WADANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
