Mohd. Zakir S/O Mohd. Kasam And ... vs State Of Maharashtra, Through ...
2016 Latest Caselaw 2551 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                                   NAGPUR BENCH, NAGPUR




                                                 
                  CRIMINAL APPLICATION (APL) NO.387 OF 2015




                                         
                             
      1. Mohd. Zakir s/o. Mohd. Kasam,
          Aged about 45 years, Occ. Service,
                            
          r/o. Hamza Plots, Old City,
          Akola, Tq. and Distt. Akola.

      2. Mohd. Nasir Mohd. Kasam,
      

          Aged about 43 years, Occ. Business,
          r/o. Hamza Plots, Old City,
   



          Akola, Tq. and Distt. Akola.

      3. Dr. Mohd. Rajik s/o. Mohd. Kasam,
          Aged about 33 years, Occ. Doctor,





          r/o. Hamza Plots, Old City,
          Akola, Tq. and Distt. Akola.

      4. Mohd. Sadik s/o. Mohd. Kasam,
          Aged about 30 years, Occ. Business,





          r/o. Hamza Plots, Old City,
          Akola, Tq. and Distt. Akola.

      5. Syed Farhatulla s/o. Syed Niyamtullah,
          Aged about 45 years, Occ. Service,
          r/o.Narsing Colony, Old City,
          Akola, Tq. and Distt. Akola.          ..........      APPLICANTS




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              // VERSUS //




                                                                                      
      1. State of Maharashtra,
          Through Police Station Officer,




                                                              
           Police Station, Old City,
           Akola.

      2. Shabana Parvin Alam Khan,




                                                             
          Aged about 39 years, Occ.
          Service, r/o. Khair Mohammad
          Plot, Old City, Akola, Tq.
          and Distt. Akola.                    ..........       RESPONDENTS




                                                 
                             
      -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                 Mr.Anup Dhore, Adv. for the Applicants.
              Mr.T.A.Mirza, A.P.P. for Respondent no.1/State.
                            
                  Mr.S.I.Khan, Adv. for respondent no.2.
      -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
      

                                         CORAM     :  B. R. GAVAI &
                                                              V. M. DESHPANDE, JJ.

DATE : 6.6.2016.

ORAL JUDGMENT (Per B.R.Gavai, J) :

1. Rule. Rule made returnable forthwith. Heard by consent.

2. The petitioners have approached this Court praying for

quashing and setting aside First Information Report No.80 of 2015

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for the offences punishable under Sections 354-A(1), 294, 504 and

506 r/w. 34 of the Indian Penal Code.

3. The Division Bench of this Court vide order dt.3.8.2015

has stated therein that, except as against applicant no.1, there are no

allegations against rest of the applicants in the First Information

Report.

4.

Not only that, but, in the affidavit-in-reply filed on behalf

of non-applicant no.2 i.e. the first informant, it is stated that she has

no objection with regard to quashing of the proceedings against the

applicants except applicant no.1.

5. In that view of the matter, the Criminal Application

No.387 of 2015 is partly allowed. The application filed by applicant

no.1 is rejected.

6. First Information Report No.80 of 2015 registered at

Police Station, Old City, Akola for the offences punishable under

Sections 354-A(1), 294, 504, 506 r/w. 34 of the Indian Penal Code

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and the consequent proceedings thereto, if any, as against the

applicants herein except applicant no.1 stand quashed and set aside.

Rule is made partly absolute in the aforesaid terms with

no order as to costs.

                                   JUDGE                         JUDGE
       




                                         
      jaiswal