Dnyaneshwar Krushnarao Patil And ... vs State Of Mah. Through P.S.O., P.S. ...
2022 Latest Caselaw 3570 Bom

Judgment

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        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                   NAGPUR BENCH, NAGPUR
           CRIMINAL APPLICATION (APL) NO.517 OF 2019
1. Dnyaneshwar Krushnarao Patil,
Aged about 62 years, occupation private,
R/o plot No.27, Sarvashri Nagar,
Umrer Road, Dighori, Nagpur.

2. Shri Praful Shrawanji Nikhade,
Aged about 30 years, occupation private,
R/o Itwari, Telipura, Pewatha-
Maskasath, Nagpur.                       ..... Applicants.

                               :: V E R S U S ::

The State of Maharashtra,
Through PSO PS Chandrapur.            ..... Non-applicant.
===================================
Shri R.R.Gour, Counsel for Applicants.
Shri M.K.Pathan, Addl.P.P. for the State.
===================================
CORAM       : V.M.DESHPANDE & AMIT B.BORKAR, JJ.
DATE        : APRIL 01, 2022
ORAL JUDGMENT (Per : Amit B.Borkar, J.)

1.           Heard learned counsel Shri R.R.Gour for applicants and

learned Additional Public Prosecutor Shri M.K.Pathan for the State.

Rule.   Rule made returnable forthwith.         Heard finally by consent of

learned counsel for parties.


2.           By this application, under Section 482 of the Code of

Criminal   Procedure,    applicants       challenge   registration    of     First

Information Report No.245/2019 and consequent chargesheet filed by

investigating agency.




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  Judgment

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 3.           During course of hearing, learned counsel for applicants

 invited our attention to order dated 19.7.2019 passed by this Court

 (Coram : P.N.Deshmukh & Pushpa V.Ganediwala, JJ.) in Criminal

 Application No.513/2019 filed by owner of applicants wherein this

 Court had set aside the First Information Report which is the subject

 matter of the present proceeding.


 4.           It is not in dispute that applicants are servants of owner at

 whose instance the present First Information Report was set aside. In

 view of the same, the present proceeding against applicants cannot be

 continued as the same would amount to abuse of process of law.


 5.           In this view of the matter, we pass following order:


                                   ORDER

(1) The criminal application is allowed.

(2) First Information Report No.245/2019 along with Summary

Criminal Case No.2728/2019 qua present applicants is quashed and set

aside.

Rule stands made absolute in above terms.

            JUDGE                                  JUDGE
               Digitally signed
               by BHUSHAN
 !! BRW !!
BHUSHAN        RANA
RANA           WANKHEDE
WANKHEDE       Date:
               2022.04.01
               18:35:32 +0530
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