Eknath Nivrutti Dhadwe vs State Of Maharashtra, Thr. Pso ...
2021 Latest Caselaw 1560 Bom

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

               CRIMINAL APPLICATION (APL) NO. 644 OF 2016

  Eknath Nivrutti Dhadwe,
  Aged about 47 years, Occ. Agriculturist,
  R/o. Tongaon, Tah. & Dist. Washim.                                        . . . APPLICANT

                         ...V E R S U S..

  1. State of Maharashtra through
     PSO, Washim (Rural),
     Tah. & Dist. Washim.

  2. Smt. Nandabai Ramdas Gote,
     Aged about years, Occ. Agriculturist,
     R/o. Tongaon,
     Tah. & Dist. Washim.                                           . . NON-APPLICANTS
 ------------------------------------------------------------------------------------------------
 Shri S. V. Sirpurkar, Advocate for applicant.
 Ms. Mayuri Deshmukh, A.P.P. for non-applicant no.1/State.
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 22.01.2021

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

1. Heard.

2. Rule. Rule made returnable forthwith.

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

Criminal Procedure, the applicant has challenged the First Information

Report (FIR) No. 131/2015 under Section 354A, 452, 504 and 506 of

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the Indian Penal Code (IPC). The FIR came to be lodged against the

applicant with the accusation that on 19.09.2015, the applicant held

hand of the non-applicant and threatened her that he will file case

under the SC/ST Atrocities Act against the applicant.

4. The applicant therefore challenged the registration of the

FIR by filing the present application. This Court on 29.03.2017 issued

notice to the non-applicants and by way of ad-interim relief, it was

directed that no coercive step be taken against the applicant.

5. The non-applicant no. 1/State filed its reply and it is stated

that there is sufficient material available with the prosecution in the

form of spot panchnama and statement of the witnesses and therefore,

the non-applicant no. 1 prayed for dismissal of the application.

6. We have carefully considered the contents of the FIR. It

appears that the allegations against applicant are vague in nature. It

also appears that there was cross-complaint filed by the applicant

against the non-applicant no. 2 and her family members before the

registration of the present FIR. The allegations in the FIR are not

sufficient to attract ingredients of offence punishable under Section

354A of the IPC. We have also considered the allegations in the FIR in

relation to other offences alleged against the applicant. After having

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considered the accusations in the FIR, we find that there are no

allegations against the applicant in the impugned FIR, which would

constitute offences punishable under Section 452, 504 and 506 of the

IPC.

7. We therefore pass the following order :-

First Information Report No. 131/2015 registered with the

non-applicant no. 1-Police Station for the offence punishable under

Sections 354A, 452, 504 and 506 of the Indian Penal Code is quashed

and set aside.

                JUDGE                                           JUDGE

 RR Jaiswal