Mohd. Naved Saifi S/O Shahid Nadim ... vs State Of Maharashtra Thr. Pso Ps ...
2021 Latest Caselaw 2148 Bom

                                                                         1                          Cr.APL No.147.21J

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

                    CRIMINAL APPLICATION (APL) NO.147 OF 2021

  1.       Mohd. Naved Saifi s/o. Shahid Nadim,
           Aged about 24 years, Occ. - Nil,
           Plot No.778, Saifi Nagar, Mominpura,
           Nagpur.
           (Org. Complainant)/ (Injured in incident),

  2.       Shabazkhan s/o. Kuddus Khan,
           Aged about 22 years, Occ.- Nil,
           In front of Asha Kirana Stores,
           Bhaldarpura, Gandhibag, Nagpur,
           (Victim/ Injured in incident),

  3.       Jaspreetsingh s/o. Gurdeepsingh Tuli,
           Aged about 22 years, Occ.- Student,
           R/o. Plot No.1111, Buddh Nagar,
           Nagpur.
           (Accused No.5)
           (At Present in Nagpur Central Prison) ....APPLICANTS


                                             // VERSUS //


           State of Maharashtra,
           Through P. S.O., Pachpaoli, P. S.,
           District - Nagpur.                                                       .... NON-APPLICANT

  Shri Eeshan Sahastrubuddhe, Advocate for the applicants.
  Shri S.D. Sirpurkar, A.P.P. for the non-applicant/State.
  _________________________________________________________________________________________________________________________________


                         CORAM : Z. A. HAQ AND
                                                 AMIT B. BORKAR, JJ.

                         DATE            :       02.02.2021.

 ORAL JUDGMENT : [PER: Z. A. HAQ, J.]

  1.                     Heard.

2. Rule. Rule made returnable forthwith.

3. The accused (applicant No.3), the Informant (applicant

No.1) and the Victim (applicant No.2) have jointly filed this

application under Section 482 of the Code of Criminal Procedure

praying that the First Information Report No.512 of 2020 registered

against the applicant No.3 for the offences punishable under

Sections 147, 148, 149, 307, 323 and 504 of the Indian Penal Code

be quashed.

4. According to the applicants, the matter is amicably

worked out and the applicant No.1-Informant does not has any

grievance against the applicant No.3. The criminal application is

supported by the affidavit of the applicant No.1-Informant and the

applicant no.2-Victim.

5. As informed, the investigation is at initial stage and

charge-sheet is not yet filed. As the Informant and the Victim are

not interested in prosecuting the applicant No.3 (accused No.5), in

our view, no fruitful purpose would be served by keeping the

criminal proceedings against the applicant No.3 (accused No.5)

pending.

6. Hence, the following order :-

i] First Information Report No. 512 of 2020 registered

against the applicant No.3 (accused No.5) - Jaspreetsingh

Gurdeepsingh Tuli with the non-applicant - Police Station for the

offences punishable under Sections 147, 148, 149, 307, 323 and

504 of the Indian Penal Code is quashed.

ii] The investigation in the matter against the other

accused shall go on as per law.

7. Rule is made absolute accordingly.

Criminal Application (APPP) No.140/2021.

In view of disposal of Criminal Application (APL)

No.147 of 2021, this application for grant of time to file legible copy

of the First Information Report does not survive. Hence, it is

disposed accordingly.

                                    JUDGE                           JUDGE



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