Quashed

Snehadeep Sandip Taywade v. the State of Mah. Thr. Pso Gadge Nagar, Dist. Amravati and Another

Bombay HC30 Sept 2021APL/732/2021

Case brief

AI extract

What is this about?

The NAGPUR Bench quashed an FIR under Section 482 CrPC. The Quaqshing was ordered because the applicant was not named in recorded statements and the only evidence relied on was from an inadmissible co-accused, leading to an abuse of court process.

What did the court decide?

First Information Report No.482 of 2019 is quashed and set aside.

Snehadeep Sandip Taywade Vs the State of Mah. Thr. Pso Gadge… — Quashing and FIR | Bombay HC (2021)

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apl732 of 2021.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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Criminal Application (APL) No.732 of 2021

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Snehadeep Sandip Taywade, Aged 24 years, Occ.: Student, R/o Paranjape Colony, Camp, Dist. Amravati. … Applicant

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Versus

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State of Maharashtra, through PSO Gadge Nagar, District Amravati.

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Dr. Veda Paulrak Vivek, Aged 49 years, R/o C/o Dr. Punjabrao Deshmukh Nursing Institute, Shivaji Nagar, District Amravati. … Non-Applicants

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Shri R. Siddharth, Advocate for Applicant. Shri T.A. Mirza, APP for Non-Applicant No.1- State. Shri P.S. Chauhan, Advocate for Non-Applicant No.2.

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CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ. DATE : 30th SEPTEMBER, 2021

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Oral Judgment (Per Amit B. Borkar, J.) :

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Heard Shri Siddharth, the learned counsel for the applicant; Shri Mirza, the learned APP for the non-applicant No.1- State; and Shri Chauhan, the learned counsel for the non-applicant No.2.

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apl732 of 2021.odt

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Rule. Rule made returnable forthwith.

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By this application under Section 482 of the Code of Criminal Procedure, the applicant is challenging the First Information Report No.482 of 2019 dated 26-4-2019 registered with the non-applicant No.1- Police Station Gadge Nagar, Amravati for the offences punishable under Sections 452, 143, 147, 148, 149, 323 and 109 of the Indian Penal Code read with Section 135 of the Maharashtra Police Act.

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The First Information Report came to be registered against the applicant with the accusations that 5 to 6 persons in blue shirt assaulted the Principal and threw chairs of the Library at the College. The applicant has, therefore, challenged the registration of First Information Report by way of filing the present application.

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This Court on 4-8-2021 issued notices for final disposal to the non-applicants. The non-applicant No.1, in pursuance of the notice issued by this Court, has filed an affidavit stating that the Investigating Officer has recorded the statements of the witnesses, but the name of the present applicant is not appearing in the said statements.

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The non-applicant No.2 has also filed an affidavit stating that he has no grievance against the applicant, as the applicant was not one of the assailants.

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apl732 of 2021.odt

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We have carefully considered the allegations in the First Information Report along with the reply filed by the Investigating Agency. The non-applicant No.1- State, in its reply in Paragraph No.3, has specifically stated that the name of the applicant is not appearing in the statements recorded. The non-applicant No.2 has also stated that he has no grievance against the applicant, as he was not one of those who had assaulted the Principal. The only material against the applicant is the statement of the co-accused, which is not admissible. We are, therefore, satisfied that continuation of the present proceedings against the applicant would amount to abuse of process of Court.

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Hence, the following order :

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First Information Report No.482 of 2019 dated 26-4-2019 registered with the non-applicant No.1- Police Station Gadge Nagar, Amravati against the applicant for the offences punishable under Sections 452, 143, 147, 148, 149, 323 and 109 of the Indian Penal Code read with Section 135 of the Maharashtra Police Act is quashed and set aside.

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Rule is made absolute in the above terms. Pending

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application(s), if any, stand(s) disposed of.

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(AMIT B. BORKAR, J.) (V.M. DESHPANDE, J.)

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Lanjewar

Snehadeep Sandip Taywade v. the State of Mah. Thr. Pso Gadge Nagar, Dist. Amravati and Another

Case brief

What is this about?

What did the court decide?

Snehadeep Sandip Taywade v. the State of Mah. Thr. Pso Gadge Nagar, Dist. Amravati and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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