Vishnu Nagorao Sakule and Others Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Vishnu Nagorao Sakule and Others Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the FIR bearing Crime No.220 of 2022 registered with Kinwat Police Station and the proceedings thereon (charge-sheet No.32 of 2023 before the JMFC, Kinwat) should be quashed under Section 482 of the Code of Criminal Procedure qua applicant Nos.6 to 9. +1 more

Ratio / Principle

Perusal of the FIR and the statements of witnesses, including injured Godavari Hari Darshanwad, discloses prima facie material against applicant Nos.6 to 9: when Godavari went to the spot the applicants pulled her hair and she fell down, and the material alleges formation of an unlawful assembly acting in furtherance of a common object.

Key takeaways

Pulling hair amounts to simple injury, which can be said to be covered under Section 323 of the Indian Penal Code.ratio¶32
There being prima facie material against applicant Nos.6 to 9, this is not a fit case for exercise of power under Section 482 of the Code of Criminal Procedure.ratio¶32
The Court leaves it to the learned Special Judge to frame the charge under the appropriate Sections.ratio

Detailed headnote1 paragraphs

Bombay High Court (Bench at Aurangabad), Division Bench of Smt. Vibha Kankanwadi and Rohit W. Joshi, JJ. (03.01.2025), dismissed a quashing application under Section 482 of the Code of Criminal Procedure (Criminal Application No.2851 of 2023). The application, originally by nine members of the Sakule family, stood withdrawn qua applicant Nos.1 to 5 by order dated 28.08.2023 and was considered only for applicant Nos.6 to 9, the lady applicants. They sought quashing of FIR bearing Crime No.220 of 2022 dated 13.11.2022 of Kinwat Police Station, Taluka Kinwat, District Nanded, and of charge-sheet No.32 of 2023 dated 19.05.2023 filed before the learned JMFC, Kinwat, for offences under Sections 143, 147, 149, 323, 324 and 506 IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Held: on perusal of the FIR and witness statements, including that of injured Godavari Hari Darshanwad, there was prima facie material that the applicants pulled her by the hair causing her to fall, with allegations of an unlawful assembly acting in furtherance of a common object; pulling hair amounts to simple injury covered under Section 323 IPC; hence this was not a fit case for exercise of inherent power under Section 482 CrPC. Charge-framing was left to the learned Special Judge, with reference to Chapter VI paragraph No.8(a)(4) of the Criminal Manual requiring an alternative charge where a question arises between Sections 149 and 34 IPC.

2025:BHC-AUG:189-DB

26-appln-2851-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.2851 OF 2023

Vishnu s/o Nagorao Sakule

Omkar s/o Nagorao Sakule

Maroti s/o Nagorao Sakule

Dhondiba s/o Baliram Sakule

Gajanan s/o Baliram Sakule

Shivlila w/o Gajanan Sakule

Kashibai w/o Vilas Duparte

Jyoti w/o Maroti Sakule

Sangita w/o Vishnukant Sakule

(As per order dated 28.08.2023 application is withdrawn as against applicant Nos.1 to 5) .. Applicants

Versus

The State of Maharashtra Through Police Station Officer, Police Station Kinwat, Tq. Kinwat, Dist. Nanded.

Atul s/o Hari Darshanwad .. Respondents

Mr. G. R. Ingole, Advocate for the applicants. Mr. A. D. Wange, APP for respondent No.1/State. Mr. R. K. Shingare h/f Mr. A. N. Nagargoje, Advocate for respondent No.2.

CORAM : SMT. VIBHA KANKANWADI & ROHIT W. JOSHI, JJ.

DATE : 03 JANUARY 2025

ORDER :

. Present application has been filed under Section 482 of the

Code of Criminal Procedure for quashing the FIR bearing Crime

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No.220 of 2022 dated 13.11.2022 registered with Kinwat Police Station, Taluka Kinwat, District Naded as well as to quash the proceedings i.e. charge-sheet No.32 of 2023 dated 19.05.2023 filed before the learned Judicial Magistrate First Class, Kinwat, for the offences punishable under Sections 143, 147, 149, 323, 324, 506 of Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “Atrocities Act”).

Heard learned Advocate Mr. G. R. Ingole for the applicants, learned APP Mr. A. D. Wange for respondent No.1/State and learned Advocate Mr. R. K. Shingare holding for learned Advocate Mr. A. N. Nagargoje for respondent No.2.

Learned Advocate for the applicants submits that the application came to be withdrawn in respect of applicant Nos.1 to 5. It has to be considered for applicant Nos.6 to 9 only, who are the ladies. After taking us through the contents of the FIR and charge-sheet, he submits that in order to rope entire family, allegations have been made and the offences under the Atrocities Act will not be attracted against them.

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Learned APP as well as learned Advocate for respondent No.2 submit that there is prima facie material against the present applicant Nos.6 to 9 also and, therefore, interference is not required.

Perusal of the FIR as well as the statements of witnesses including the statements of Godavari Hari Darshanwad, who is injured due to the alleged acts of applicant Nos.6 to 9 and the statements of eye witnesses would show that when Godavari went to the spot, the applicants had pulled her hair and she fell down in the said process. Those statements and the FIR would show the allegations in respect of formation of unlawful assembly and it is stated to be in furtherance of common object. It will not be out of place to mention here that as per Chapter VI paragraph No.8(a)(4) of the Criminal Manual, an alternative charge is required to be framed, when there is a question of whether offence under Section 149 of Indian Penal Code is involved or Section 34 of Indian Penal Code is made out. Pulling hair amounts to simple injury, which can be said to be covered under Section 323 of Indian Penal Code and, therefore, as there is prima facie material, we do not find this to be a fit case for exercise of power under Section 482 of the Code of Criminal Procedure. We

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leave it to the learned Special Judge for framing the charge under the appropriate Sections.

Criminal Application stands dismissed.

[ ROHIT W. JOSHI ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE

scm

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