Allowed

Dnyaneshwar Krushnarao Patil and Another v. State of Mah. through P.S.O., P.S. Chandrapur

Bombay HC1 Apr 2022APL/517/2019

Case brief

AI extract

What is this about?

The High Court of Judicature at Nagpur, on an application under Section 482 CrPC, quashed FIR No.245/2019 and summary case No.2728/2019 against two applicants, holding it an abuse of process since a related FIR against their employer had already been set aside by this Court.

What did the court decide?

First Information Report No.245/2019 along with Summary Criminal Case No.2728/2019 were quashed and set aside.

Dnyaneshwar Krushnarao Patil and Another Vs State of Mah… — Quashing and FIR | Bombay HC (2022)

Judgment

apl517.19 4

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

¶5

CRIMINAL APPLICATION (APL) NO.517 OF 2019

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1. Dnyaneshwar Krushnarao Patil,
Aged about 62 years, occupation private,
R/o plot No.27, Sarvashri Nagar,
Umrer Road, Dighori, Nagpur.

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2. Shri Praful Shrawanji Nikhade,
Aged about 30 years, occupation private,
R/o Itwari, Telipura, Pewatha-
Maskasath, Nagpur. ….. Applicants.

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:: V E R S U S ::

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The State of Maharashtra,

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Through PSO PS Chandrapur. ….. Non-applicant.

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===================================
Shri R.R.Gour, Counsel for Applicants.
Shri M.K.Pathan, Addl.P.P. for the State.

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===================================

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CORAM : V.M.DESHPANDE & AMIT B.BORKAR, JJ.
DATE: APRIL 01, 2022

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ORAL JUDGMENT(Per : Amit B.Borkar, J.)

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1. Heard learned counsel Shri R.R.Gour for applicants and

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learned Additional Public Prosecutor Shri M.K.Pathan for the State.
Rule. Rule made returnable forthwith. Heard finally by consent of
learned counsel for parties.

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2. By this application, under Section 482 of the Code of
Criminal Procedure, applicants challenge registration of First
Information Report No.245/2019 and consequent chargesheet filed by
investigating agency.

.....2/-

Judgment

apl517.19 4

3. During course of hearing, learned counsel for applicants
invited our attention to order dated 19.7.2019 passed by this Court
(Coram : P.N.Deshmukh & Pushpa V.Ganediwala, JJ.) in Criminal
Application No.513/2019 filed by owner of applicants wherein this
Court had set aside the First Information Report which is the subject
matter of the present proceeding.

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4. It is not in dispute that applicants are servants of owner at

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whose instance the present First Information Report was set aside. In
view of the same, the present proceeding against applicants cannot be
continued as the same would amount to abuse of process of law.

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5. In this view of the matter, we pass following order:

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ORDER

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(1) The criminal application is allowed.

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(2) First Information Report No.245/2019 along with Summary
Criminal Case No.2728/2019 qua present applicants is quashed and set
aside.

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Rule stands made absolute in above terms.

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JUDGE JUDGE

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Digitally signed by BHUSHAN !! BRW !! BHUSHAN RANA RANA WANKHEDE WANKHEDE Date: 2022.04.01 18:35:32 +0530

¶32

...../-

Dnyaneshwar Krushnarao Patil and Another v. State of Mah. through P.S.O., P.S. Chandrapur

Case brief

What is this about?

What did the court decide?

Dnyaneshwar Krushnarao Patil and Another v. State of Mah. through P.S.O., P.S. Chandrapur

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

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