Atul S/O Madhukarrao Ramteke vs State Of Maharashtra Thr. Pso Ps ...
2021 Latest Caselaw 2144 Bom

                                                    1              21-J-APL-545-20.odt

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

             CRIMINAL APPLICATION (APL) NO. 545 OF 2020

 Atul s/o Madhukarrao Ramteke,
 Aged about - 27, Occu - Service,
 R/o At - Pusada, Tah - Amravati,
 Dist - Amravati.                                           ... APPLICANT

                  VERSUS

 1. The State of Maharashtra,
    Through Police Station Officer,
    Police Station, Walgaon,
    Dist - Amravati.

 2. Ashok s/o Bhagwantrao Khandekar,
      Age - 52 Yrs., Occu - Service,
      Police Station, Walgaon,
      Tah - Dist - Amravati.                                  ... NON-APPLICANTS
 -------------------------------------------------------------------------------------------
 Shri S. N. Nandeshwar, Advocate for applicant.
 Shri N.S.Rao, Additional Public Prosecutor for Non-applicant No.1-
 State.
 -------------------------------------------------------------------------------------------
                  CORAM: Z.A. HAQ & AMIT B. BORKAR, JJ.

DATED : 02/02/2021.

ORAL JUDGMENT : (PER : Z.A. HAQ, J.)

1. Heard.

2. Rule. Rule made returnable forthwith.

3. Crime No.0582/2020 is registered against the

applicant for the offences punishable under Sections 143, 186,

2 21-J-APL-545-20.odt

188, 269, 271 and 291 of the Indian Penal Code, Sections 2, 3 and

4 of the Epidemic Diseases Act, 1897, Section 51(b) of the Disaster

Management Act, 2005 and Sections 110, 112, 117 and 135 of the

Maharashtra Police Act, 1951, the accusations being that on

18/08/2020 at around 5.00 p.m. i.e. on the festival of 'Pola', some

villagers had brought 7 - 8 bulls and started playing band and

though the orders issued by the District Collector, Amravati

relating to outbreak of Pandemic were pointed out and request

was made to stop the celebration, the villagers did not pay any

attention and continued with the procession. On these

accusations, the First Information Report came to be registered.

4. In response to the notice issued by this Court, the

non-applicant No.2 has filed reply. After going through the First

Information Report and the reply filed by the non-applicant No.2,

we are of the view that the ingredients necessary to constitute the

offences alleged against the applicant are lacking.

5. Hence, we pass the following order :-

Crime No.0582/2020 registered against the

applicant with the non-applicant No.1 - Police

Station is quashed.

                                             3            21-J-APL-545-20.odt




 6.                   Rule is made accordingly.



                      JUDGE                                JUDGE

 Choulwar