Bombay High Court
Narsing S/O. Mallaya Ganvenwar ... vs The State Of Maharashtra Thr. ... on 9 January, 2021
Bench: V.M. Deshpande, Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO. 1209 OF 2018
1. Narsing S/o Mallaya Ganvenwar,
Aged about 43 years, Occ. Cultivation,
R/o Near Bharat Rice Mill, Mul, Tah.Mul,
Dist. Chandrapur.
2. Ramesh S/o Mallaya Ganvenwar,
Aged about 38 Years, Occ. Cultivation,
R/o Near Shriram Cinema Grah,
Mul, Tah. Mul, Dist. Chandrapur : APPLICANTS
...VERSUS...
1. The State of Maharashtra,
Through Police Station Officer,
Talodhi, Tah. Nagbhid, Dist. Chandrapur
2. Jayant Chittaranjan Chunarkar,
Police Constable, Police Station
Talodhi (Ba.), Tah. Nagbhid,
District Chandrapur : NON-APPLICANTS
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Mrs. Prajakta Chaudhari for the applicants.
Mr. S.M.Ghodeswar, Additional Public Prosecutor for the non-applicants.
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CORAM : V.M. DESHPANDE &
ANIL S.KILOR, J.
DATE : 9th JANUARY, 2021.
ORAL JUDGMENT (Per : Anil S. Kilor, J.)
1. Rule. Rule is made returnable forthwith. Heard finally
with the consent of the learned counsel for the respective parties.
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2. By the present application filed under Section 482 of the
Code of Criminal Procedure, the applicants are praying for
quashing and setting aside the First Information Report vide Crime
No.260 of 2018 registered with a Police Station Talothi (Ba), Tah.
Nagbhid, Dist. Chandrapur and chargesheet bearing no. 11 of 2019,
for the offences punishable under Sections 307, 188 read with
Section 34 of Indian Penal Code, Section 65(a)(e), 83 of
Maharashtra Prohibition Act and Section 184 of Motor Vehicle Act.
3. It is the case of the prosecution that on 22 nd August,
2018 while police squad of police station, Talodi were effecting
Nakabandi at 21.48 hours, A.P.I. Rathod received secret
information that one white colour Maroti van bearing No. MH-40
KR-4916, is transporting illegal liquor from Nagbhid to Talodi
Sindewahi. Upon said information the police staff went for
Nakabandi towards Shivaji Chawk, Talodi. At about 22.15 hours
one white colour Maroti van was seen coming in high speed to
Nagbhid from Sindhewahi road. When the said vehicle was tried to
stop the driver of the said vehicle gave dash to the barrack no.2 and
the person sitting next to Driver asked the driver to run over the
person and therefore, the vehicle was tried to run over the
complainant who jumped behind the barrack and saved his life. At
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that time Police Constable Santosh and Police Constable Rahul
accosted the driver of the vehicle, however, the person sitting next
to him ran away. Upon search of the vehicle 35 boxes, each
containing 100 plastic bottles of liquor cost of Rs.3,50,000/- were
noticed. Upon questioning the driver he informed that he has
brought the stock from one Shriniwas @ Kolawar. The said stock
was seized in presence of panchas and report was lodged.
4. We have heard Ms. Prajakta Chaudhary, learned counsel
for the applicants and Shri S.M. Ghodeswar, learned Additional
Public Prosecutor for the non-applicant/State.
5. Ms. Chaudhary, learned counsel for the applicants draws
attention of this Court to the chargesheet and therefrom she points
out that the chargesheet against the applicants, was filed for the
offences punishable under Sections 65(a)(e) and 83 of Maharashtra
Prohibition Act only and not under Section 307 of Indian Penal
Code and other offences.
6. She submits that only because co-accused disclosed
applicants' names, their names were impleaded in the First
Information Report and Chargesheet and except the said statement,
there is nothing attributable against the applicants. By arguing so,
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she prays for quashment of the First Information Report and the
chargesheet in question.
7. Learned Additional Public Prosecutor points out from
the reply that while the statement of accused Sikhandarsingh
Dudhani was recorded, he stated the names of the applicants and
accordingly they were arrayed as co-accused in the crime in
question. Thus, he submits that the present application may be
rejected.
8. To consider the rival contentions of the parties, we have
given conscious thoughts to the facts of the present case and also
perused the chargesheet.
9. It is revealed that one Sikhandarsingh Dudhani stated
the the name of the applicants in his statement before the police
and on that basis, the applicants were arrayed as co-accused in the
crime in question. The prosecution has not collected any other
material to justify the impleadment of the applicants or even to
prima-facie establish the involvement of the applicants in the
alleged offence.
10. Thus, looking to the material available on record and
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the evidence collected during the course of investigation by the
prosecution, it is unlikely that the prosecution would culminate into
conviction of the applicants. Therefore, to secure the ends of
justice, we are of the convinced opinion that in the present matter,
this Court should exercise its inherent power under Section 482 of
the Code of Criminal Procedure. Accordingly, we pass the
following order.
ORDER
i. Criminal Application No. 1209 of 2018 is allowed.
ii. The First Information Report vide Crime No.260 of 2018
registered with Police Station Talothi (Ba), Tah. Nagbhid, Dist.
Chandrapur and chargesheet bearing no. 11 of 2019, for the
offences punishable under Sections 65(a)(e) and 83 of Maharashtra
Prohibition Act qua the applicants, are quashed and set aside.
iii. It is needless to state that prosecution as against other
accused persons would continue.
iv. The Criminal Application is disposed of. No order as to
costs.
JUDGE JUDGE
sknair
