1 APL276.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION (APL) NO. 276 OF 2017
APPLICANT : Shri Babu @ Shriniwas S/o Mallesh Yenmulwar
Aged 27, Occup - Student,
R/o Sardar Patel Ward, Ballarpur,
Dist. Chandrapur, Maharashtra.
VERSUS
NON-APPLICANTS : State of Maharashtra,
Through Police Station, Ballarpur,
Tah. Ballarpur, Dist. Chandrapur.
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Mr. N. A. Chawhan, Advocate for the applicant.
Mr. S. A. Ashirgade, A.P.P. for the non-applicant.
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CORAM : PRASANNA B. VARALE and
MURLIDHAR G. GIRATKAR, JJ.
DATE : JULY 28, 2017.
ORAL JUDGMENT (Per P. B. Varale, J.) Admit. Heard finally with the consent of the learned counsel for the parties.
2] The petitioner is before this Court seeking to quash and set aside first information report in Crime No. 568/2016 registered ::: Uploaded on - 01/08/2017 ::: Downloaded on - 08/08/2017 01:57:33 ::: 2 APL276.17.odt with Police Station, Ballarshah for the offences punishable under Section 399 of the Indian Penal Code and Sections 4 and 25 of the Arms Act.
3] The learned counsel for the applicant submitted that on 09.8.2016, the applicant on the invitation of his friends and at their request, proceeded to attend a birthday celebration. After the birthday celebration was over, while the applicant was proceeding back to his home along with the other persons in a vehicle, the vehicle was apprehended by the police squad. The police squad conducted search of the vehicle and personal search of the passengers in the vehicle. The learned counsel submitted that though, certain articles such as sword, 3-4 iron rods, one axe, a knife and certain plastic bottles were found in the vehicle along with a bottle of liquor. In the personal search of the applicant, except cell phone, no incriminating articles were found in his possession. 4] The submission of the learned counsel for the applicant is the applicant is having a good academic background and after completion of his studies he got employment in Western Coalfields ::: Uploaded on - 01/08/2017 ::: Downloaded on - 08/08/2017 01:57:33 ::: 3 APL276.17.odt Ltd., initially as a trainee. The applicant was discharging his duties at Western Coalfields Ltd. and having no criminal antecedents to discredit him, who belongs to middle class family and a law abiding citizen. The learned counsel for the applicant submitted that the applicant who was merely a chance participant in a social gathering, was falsely implicated in the offence. He then submitted that there is absolutely no criminal antecedents against the applicant. 5] The learned counsel for the applicant invited our attention to the order passed by the learned Additional Sessions Judge, Chandrapur, dated 24.8.2016 and submitted that the learned Additional Sessions Judge has considered these very grounds, namely no seizure from the applicant and no criminal antecedents against him and by observing that the applicant was arrested in anticipation of law and order problem during the festive season and it would be difficult to believe that the applicant would assemble with the other co-accused at a Dhaba with the intention of committing decoity ; so also considering the judgment of the Hon'ble Apex Court, released the applicant on bail.
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4 APL276.17.odt 6] The learned counsel then invited our attention to the
certificates placed on record to show the backdrop of the applicant. Perusal of the certificate placed on record at Annexure-3 show that the applicant has completed his diploma in Mining and Mine Surveying in First Class. The learned counsel also invited our attention to the appointment order of the applicant dated 10.4.2016, which is also placed on record at page 29.
7] On earlier date of hearing i.e. 06.7.2017, considering the submissions of the learned counsel for the applicant, we directed the applicant to submit a certificate of his employer in respect of the training undergone by him and adverse remark, if any, against the applicant during the period of training. Accordingly, the learned counsel for the applicant placed on record a pursis dated 18.7.2017 along with the certificate issued by the Colliary Manager, Western Coalfields Ltd., Ballarpur, Dist. Chandrapur. It is stated in the said certificate that the applicant was employed as PDPT trainee of the colliary/mine and was possessing good moral character. The certificate further states that the applicant was permitted to apply for Overman Certificate. Thus, it is the submission of the learned ::: Uploaded on - 01/08/2017 ::: Downloaded on - 08/08/2017 01:57:33 ::: 5 APL276.17.odt counsel for the applicant that there was no adverse remark against the applicant and he completed the training and he was also permitted to apply for Overman Certificate. The learned counsel also invited our attention to the other documents placed on record i.e. statement of marks issued by the State Secondary and Higher Secondary Board as well the State Board of Technical Education. The certificate shows that the applicant passed his HSC examination with 50% marks.
8] The learned Additional Public Prosecutor for the State opposes the application. He submits that if the application of the applicant is allowed, the other accused may take undue benefit of the order passed in the matter of present applicant. He, therefore, prays for rejection of the application.
9] Considering all the above referred facts and on a perusal of the material placed on record, we find considerable merit in the submissions of the learned counsel for the applicant that the applicant had no role to play in the alleged crime, except his chance presence, that too, on account of a birthday celebration. We also find considerable merit in the submission of the learned counsel that the ::: Uploaded on - 01/08/2017 ::: Downloaded on - 08/08/2017 01:57:33 ::: 6 APL276.17.odt material against the applicant being too insufficient and too short either to call for any action against the applicant or any chance of success of the prosecution, continuation of criminal prosecution against the applicant would be nothing but an abuse of process of law and the same would seriously prejudice not only the career of the applicant, but would adversely affect the future prospects of the applicant. In so far as submission of the learned APP that the other accused may take undue benefit of the order passed in the matter of present applicant is concerned, we are unable to accept the submission of learned APP for the reason that even if other accused approach this Court, the case of each applicant would be considered on merits of the application and material against them. 10] Considering the above referred aspects, in our opinion, the learned counsel for the applicant has made out a case for allowing the application by exercising the powers under Section 482 of the Criminal Procedure Code. Resultantly, the criminal application is allowed in terms of prayer clause (a) and disposed of accordingly.
JUDGE JUDGE
Diwale
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