Dinesh S/O Dnyandevrao Pawade vs State Of Mah., Thr. Pso P S Talegaon ...
2021 Latest Caselaw 11529 Bom

                                                    1         Cri.APL No.1167.19-J.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR

            CRIMINAL APPLICATION (APL) NO. 1167 OF 2019

 Dinesh S/o. Dnyandevrao Pawade,
 Aged about 42 years, Occupation - Business,
 R/o. Padam Saurabh Colony,
 Vidharbh Mahavidyalaya,
 Amravati.                                   ......APPLICANT

                      ... VERSUS ...

 1.      State of Maharashtra,
         Through P. S. O. Police Station,
         Talegaon Dasesar, District Amravati.

 2.      Abhijit S/o. Balasaheb Naik,
         The Tehsildar Dhamangaon Railway,
         Tehsil-Dhamangaon Railway,
         District - Amravati.                               ......NON-APPLICANTS
 -------------------------------------------------------------------------------------------
 Shri T. H. Bewali, Advocate for the Applicant.
 Shri S. S. Doifode, Additional Public Prosecutor for the Non-applicant No.1.
 -------------------------------------------------------------------------------------------
          CORAM : V. M. DESHPANDE AND
                           AMIT B. BORKAR, JJ.

DATE : 23.08.2021.

ORAL JUDGMENT : (PER AMIT B. BORKAR, J.)

1. Heard.

2. Rule. Rule is made returnable forthwith.

3. By this application under Section 482 of the Code of

Criminal Procedure, the applicant is challenging registration of the

First Information Report No.244/2018 dated 19.11.2018

registered with the non-applicant No.1 - Police Station for the

offences punishable under Sections 307, 353, 332, 186 read with

Section 34 of the Indian Penal Code and Section 184 of the Motor

Vehicle Act, 1988 and consequent proceedings bearing Sessions

Case No.297/2019 pending before the learned District Judge - 4

and Assistant Sessions Judge, Amravati.

4. The First Information Report came to be registered

against the applicant and others with the accusations that when

the complainant was proceeding from Dhamangaon to Chandur

Railway, he got suspicion about a truck and therefore, he tried to

stop the said truck. It is alleged that the said truck was carrying

sand and all the accused in collusion with each other tried to kill

the informant by giving dash to the vehicle of the informant with

intention to kill him while he was discharging official duty. The

Investigating Agency carried out the investigation and filed

charge-sheet against the applicant and other accused persons.

5. The applicant has therefore filed present application

challenging registration of the First Information Report, filing of

charge-sheet and continuation of proceedings against the

applicants. This Court on 08.11.2019, issued notice to the

non-applicants. The non-applicant No.1 has filed reply dated

26.11.2019. The non-applicant No.1 in the said reply has stated

that the applicant is the registered owner of the truck bearing No.

MH-27-BX-0290 and had secured tender for excavation of sand. It

is stated that when the informant tried to stop the truck, there was

collision between the truck and the vehicle of the informant as all

the accused intended to kill the informant. It is stated that there is

sufficient material against the applicant.

6. We have carefully considered the allegations in the First

Information Report and the material produced by the applicant by

way of charge-sheet. The statement of Bhupendra Pandurang

Soyam recorded on 23.11.2018 shows that the applicant was at

the site of excavation of sand at 9.00 a.m. at 19.11.2018. It is

stated in the said statement that after the sand was loaded on the

truck, the applicant left the excavation site of sand by his car. The

statement of Prakash Murlidhar Badhe, who is serving as a peon

with the office of the informant stated that the truck came at the

site of incident around 12.00 p.m.. There is nothing placed on

record by the prosecution to connect the applicant with the

accident of the car of the informant. There are no allegations or

material to show that the applicant had anyway instructed the

driver to dash the car of the informant with the intention to kill

him. The document at page No. 102 which is Invoice Report

shows that the vehicle was carried sand of 2 Brass, which was as

per the permit issued by the Tahsildar, Babhulgaon on 17.11.2018,

which is at page No.104 of the application. The Injury Certificate

placed on record at page No.47 shows only abrasion over the

forehead of the informant.

7. Taking into consideration the material on record, we are

satisfied that there is no evidence to connect the applicant with

the incident alleged in the First Information Report. In absence of

the material to connect the applicant with the incident, the

continuation of proceedings against the applicant would amount

to abuse of process of Court.

8. We therefore, pass following order :

The First Information Report No.244/2018 dated

19.11.2018 registered with the non-applicant No.1 - Police Station

for the offences punishable under Sections 307, 353, 332, 186

read with Section 34 of the Indian Penal Code and Section 184 of

the Motor Vehicle Act, 1988 and consequent proceedings bearing

Sessions Case No.297/2019 pending before the learned District

Judge - 4 and Assistant Sessions Judge, Amravati are quashed and

set aside against the applicant only.

9. Rule is made absolute in the above terms. Pending

application(s), if any, stand(s) disposed of.

                           JUDGE                                         JUDGE



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