Shri. Babu @ Shrinivas S/O. ... vs State Of Maharashtra Thr. Police ...
2017 Latest Caselaw 5178 Bom

                                          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.

  ----------------------------------------------------------------------------------------------
            Mr. N. A. Chawhan, Advocate for the applicant.
            Mr. S. A. Ashirgade, A.P.P. for the non-applicant.
  ----------------------------------------------------------------------------------------------

                      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

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

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.

                                     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

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

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