Swapnil Ramesh Pawar v. State of Mah. Thr. Pso Ps Pusad Dist.Yavatmal and Another

Bombay HC23 Jan 2024APL/118/2024

Case brief

AI extract

What is this about?

Application to quash FIR under IPC and SC/ST Act alleging caste abuse; applicant claims informant extorted money posing as journalist. Court issued notice returnable 05.03.2024 and directed that no charge-sheet be filed without leave while investigation continues.

What did the court decide?

Investigation may continue but charge-sheet shall not be filed without obtaining leave of the Court.

Swapnil Ramesh Pawar vs State of Mah. Thr. Pso Ps Pusad… — Caste Atrocities | Bombay HC (2024)

¶1

1 911.apl.118.2024

¶2

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

¶3

CRIMINAL APPLICATION NO.118 OF 2024

¶4

Swapnil Ramesh Pawar

¶5

..vs.. State of Maharashtra and anr.

¶6

- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

¶7

¶8

Mr. R.R. Vyas, Advocate for the applicant. Mr. Khan, Addl.P.P. for the State.

¶9

CORAM: VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, J J. DATED : 23/01/2024.

¶10

Heard.

¶11

This is an application seeking to quash the First Information Report bearing Crime No.667 of 2023 registered with the Pusad City Police Station District Yavatmal for the offence punishable under Sections 323, 504, 506 of the Indian Penal Code, Sections 3(1)(r), 3(1) (s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

¶12

The informant a person belonging to scheduled caste lodged a report alleging that at the relevant time the applicant abused him in the name of caste within the public view as well as gave threats and therefore, the report.

¶13

It is the applicant’s contention that the informant is a Journalist and in order to extort money, he has levelled false allegations. The applicant has produced a copy of FIR lodged by him on the same day alleging that the informant has raised monetary demand of Rs.20,000/- for not publishing a news about the applicant’s sub-standard road construction work. Learned

¶14

2 911.apl.118.2024

¶15

Counsel for the applicant has produced the document to show that the informant is in habit of making complaints against government officers and after negotiation used to withdraw the same. Precisely, it is contended that the informant under guise of journalist used to threat and extort money from the contractors and government officers.

¶16

Issue notice to the non-applicants, returnable on 05.03.2024. Learned Addl.P.P. waives notice on behalf of the State.

¶17

In the meantime, investigation may go on but charge-sheet shall not be filed without obtaining leave of this Court.

¶18

(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

¶19

Trupti

¶20

Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 23/01/2024 15:27:34

Swapnil Ramesh Pawar v. State of Mah. Thr. Pso Ps Pusad Dist.Yavatmal and Another

Case brief

What is this about?

What did the court decide?

Swapnil Ramesh Pawar v. State of Mah. Thr. Pso Ps Pusad Dist.Yavatmal and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Prabha W/O Tryambak Shirpure and Another vs the State of Thr. Pso, Dhantoli Ps, Nagpur and Another.

Tushar Namdeo Bhilkar and Others vs the State of Mah. Thr. Pso, Ps Warora, Tah. Warora Dist. Chandrapur and Another.

Khan Rahil Shakil Ahmad and Others vs the State of Mah. Thr. Pso Ps Pimpalgaon Raja Dist.Buldhana and Another

Bramha Kisan Borkar and 3 Others vs State of Mah. Thr. Pso Amdapur Tah.Chikhali Dist.Buldhana and Another

Jagdish Maroti Meshram and Another vs the State of Mah. Thr. Pso, Ps Kuhi, Dist. Nagpur and Another.

Pravin Shamrao Tayde (Husband) and 4 Others vs Sate of Mah. Thr. Pso Dahihanda Akola and Another