Disposed

Chandrakant @ Golu S/O Babarao Ghatale and Another v. the State of Maharashtra Thr. Pso, Ps, Dabki Road, Akola Tq. and Dist. Akola and Another

Bombay HC19 Sept 2024APL/1334/2024

Case brief

AI extract

What is this about?

Application to quash prosecution under IPC Sections 354(A)(1), 323, 504, 506/34 for alleged assault and abuse of a flour mill owner. Applicants relied on an RTI reply showing a key witness was in jail on the incident day. Court issued notice and stayed trial court proceedings.

What did the court decide?

Notice issued to non-applicants; trial court proceedings stayed till further orders.

Chandrakant @ Golu S/O Babarao Ghatale and Another vs the… — Quashing and FIR | Bombay HC (2024)

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1 912.apl.1334.2024

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

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CRIMINAL APPLICATION NO.1334 OF 2024

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Chandrakant @ Golu s/o Babarao Ghatale and anr.

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..vs..

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State of Maharashtra anr.

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

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Shri V.R. Deshpande, Advocate for the applicants. Mrs Deshmukh, Addl.P.P. for the State.

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CORAM: VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, J J. DATED : 19/09/2024.

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Heard.

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This is an application seeking to quash the Criminal Prosecution i.e. R.C.C.865 of 2018 arising out of First Information Report No.142 of 2018 registered with the Dabki Road Police Station, Akola for the offence punishable under Sections 354(A)(1), 323, 504, 506 read with Section 34 of the Indian Penal Code.

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The informant lady, who is running Flour Mill alleges that on 20.04.2018 she went to the shop of applicant no.1 asking to pay grinding charges on which applicant no.1 allegedly abused her in filthy language, assaulted her and applicant no.2 also assaulted the informant.

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It is the informant’s case that two days prior to the incident, one Pandu Mohade, who is the servant of the applicant, came to Flour Mill for grinding of which money was due.

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Learned Counsel for the applicants would submit that entire story is false and fabricated. The FIR has been

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2 912.apl.1334.2024

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lodged with ulterior motive. To substantiate the said contention, learned Counsel for the applicants took us through the reply of the Jail Authority given under the Right to Information Act specifying that at the relevant day, Pandu Mohade was in jail. Thus, prima facie material is brought to show that a very foundation of the prosecution is doubtful.

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

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The proceedings before the Trial Court is stayed till further orders.

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

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Trupti

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Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 21/09/2024 14:55:16

Chandrakant @ Golu S/O Babarao Ghatale and Another v. the State of Maharashtra Thr. Pso, Ps, Dabki Road, Akola Tq. and Dist. Akola and Another

Case brief

What is this about?

What did the court decide?

Chandrakant @ Golu S/O Babarao Ghatale and Another v. the State of Maharashtra Thr. Pso, Ps, Dabki Road, Akola Tq. and Dist. Akola 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

All orders in this case

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