Vipin S/O. Balasaheb Shingane vs State Of Maharashtra Thr. Police ...
2017 Latest Caselaw 9360 Bom

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

                CRIMINAL APPLICATION (APL) NO. 523 OF 2017

Vipin Balasaheb Shingne
aged about 33 years, Occ : Service 
R/o Near Shree Ram Nagar, Behind 
Rathi Nagar, Amravati-444603.                                                                   ... Applicant

             VERSUS

(1) State of Maharashtra
      Through Police Station Officer, 
      Police Station Asegaon (Purna), 
      Taluka Achalpur, District Amravati.

(2) Sudhakar Vithalrao Nandane
      aged about 40 years, R/o Virul 
      Purna, Asegaon,  District Amravati.                                              ... Non-applicants
-------------------------------------------------------------------------------------------------
Shri S. Zia Qazi, Advocate for the applicant
Shri T. A. Mirza, Additional Public Prosecutor for non-applicant no. 1
None for non-applicant no. 2
-----------------------------------------------------------------------------------------------------------------------

                                                  CORAM : R. K. DESHPANDE AND
                                                                M. G. GIRATKAR, JJ.

                                                   DATE    : 06/12/2017.

Oral Judgment                 (Per : R. K. Deshpande, J.)


                    Rule   made   returnable   forthwith.     Heard   finally   with

consent of the learned counsels appearing for the parties.

2. The applicant is the teacher in the school and the

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non-applicant no. 2 is the father of a child who alleged to have

committed suicide. The offences were registered against the applicant

and the Headmaster of the school under Section 305 read with Section

34 of the Indian Penal Code.

3. In the judgment delivered by this Court on 23-8-2017 in

Criminal Application (APL) No. 364/2017, the First Information Report

against the Headmaster has already been quashed. The learned counsel

appearing for the parties do not dispute that in terms of the said

decision, the present application also needs to be allowed.

4. For the reasons stated in the judgment dated 23-8-2017

passed in Criminal Application (APL) No. 364/2017, the present

application is allowed and the First Information Report dated 27-3-2017

registered by the non-applicant no. 1 vide Crime No. 92/2017 under

Section 305 read with Section 34 of the Indian Penal Code against the

applicant is hereby quashed and set aside.

                        JUDGE                                        JUDGE



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