Avinash S/O Sahebrao Patonde and 2 Others v. the State of Maharashtra Thr. Pso, Ps, Khadan, Akola and Another

Bombay HC27 Nov 2024APL/1466/2024

Case brief

AI extract

What is this about?

Application to quash an FIR under the IPC and the SC/ST (Prevention of Atrocities) Act alleging a March 2024 assault. Counsel argued the FIR was false, citing hospitalisation of the informant and delay in lodging the report. Court issued notice for final disposal; investigation to continue but no charge-sheet without leave.

What the court decided

AI extract

Avinash S/O Sahebrao Patonde and 2 Others vs the State of… — Caste Atrocities | Bombay HC (2024)

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apl1466.24.odt 1/2

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

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CRIMINAL APPLICATION (APL) No.1466 OF 2024

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(Avinash s/o. Sahebrao Patonde and others Vs. State of Maharashtra, through PSO, PS Khadan, Akola and another)

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Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Mr. F.T. Mirza, Sr. Advocate for applicants. Ms. N.P. Mehta, APP for respondent No.1.

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CORAM : VINAY JOSHI AND SANJAY A. DESHMUKH, JJ. DATE : 9 th OCTOBER, 2024.

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Heard.

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This is an application seeking to quash F.I.R. in Crime No.302/2024, registered with Police Station Khadan, Akola, for the offence punishable under Sections 323, 325 read with Section 34 of the Indian Penal Code and 365, 504, 506 of the Indian Penal Code and for offences punishable under Sections 3(2)(va), 3(1)(r), 3(1) (s) and 3(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989, the allegation is about the occurrence dated 18.3.2024 at 4.00 p.m. in the house of one Dhore.

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The applicants’ learned counsel would submit that the contents of F.I.R. are maliciously false as no such incident occurred. It is submitted that during the period from 16.3.2024 to 26.3.2024 the informant was hospitalized for which medical papers have been produced.

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apl1466.24.odt 2/2

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It is argued that at the relevant time the informant sustained injuries which are reflected in the F.I.R. lodged about the occurrence dated 18.3.2024. Moreover, delay of 16 days for lodging the report has been pressed into service.

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Issue notice for final disposal to the respondents, returnable after six weeks.

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Ms. N.P. Mehta, learned A.P.P. waives service of notice for respondent No.1.

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

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(SANJAY A. DESHMUKH, J.) (VINAY JOSHI, J.)

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Wadode

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Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 11/10/2024 15:01:25

Avinash S/O Sahebrao Patonde and 2 Others v. the State of Maharashtra Thr. Pso, Ps, Khadan, Akola and Another

Case brief

What is this about?

What the court decided

Avinash S/O Sahebrao Patonde and 2 Others v. the State of Maharashtra Thr. Pso, Ps, Khadan, Akola and Another

Case brief

What is this about?

What the court decided

A compact analysis

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Parties & counsel

Coram

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