Dharmpal Natthuji Meshram And 8 ... vs State Of Mah. Thr. Ministry For ...
2022 Latest Caselaw 3537 Bom

                                    1            Cri.APL-265.22-J.odt


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

       CRIMINAL APPLICATION (APL) NO. 265 OF 2022


1. Dharmpal Natthuji Meshram,
   Aged about 50 years, Occu. Business,
   R/o. 477, Hiwari Layout, Wathoda Road,
   Nagpur.

2. Smt. Manisha Sunil Kothe,
   Aged about 50 years, Occu. Housewife,
   R/o. 79, Shaktimata Nagar, Kharbi Road,
   Near Water Tank, Nandanwan, Nagpur.

3. Smt. Smita Rajendra Chakole,
   Aged about 46 years, Occu. Housewife,
   R/o. 26, Kamalkunj, Near Ganesh Mandir
   Vidya Nagar, Wathoda Layout, Nagpur.

4. Ashok Ajabrao Deshmukh,
   Aged about 34 years, Occu. Driver,
   R/o. 17, Antuji Nagar, Behind Uday
   School, Near Bhandewadi Railway Station,
   Nagpur.

5. Devendra Ambadas Katolkar,
   Aged about 47 years, Occu. Private Service,
   R/o. 86, Srikrishna Nagar, Wathoda
   Layout, Nagpur.

6. Bala Vitalkar,
   Aged about 45 years, Occu. Private Service,
   R/o. 41, Bahubali Nagar, Ramnamaroti
   Road, Nagpur.

7. Vinod Baburaoji Kunte,
   Aged about 55 years, Occu. Private Service,
   R/o. 120, Gidoba Nagar, Wathoda Layout,
   Nagpur.

8. Smt. Nanda Shrawan Yewle,
   Aged about 50 years, Occu. Housewife,
   R/o.134, Hasanbagh, Diamond Nagar
   Road, Sahakar Nagar, Nagpur.
                                                    2                Cri.APL-265.22-J.odt


9. Krishna Pancham Khopde,
   Aged about 63 years, Occu. Private,
   R/o. Sataranjipura Subhash Putla,
   Near Telipura Hanuman Mandir,
   Lakadganj, Nagpur.                                            ---APPLICANTS.

           ---VERSUS---

1. State of Maharashtra,
   Through Ministry for Home,
   Mantralaya, Mumbai - 32.

2. Station House Officer, Police Station :
   Nandanwan, Dist : Nagpur.                                     ---NON-APPLICANTS

-------------------------------------------------------------------------------------------
Mr. R. K. Maheshwari, Advocate for the Applicants.
Mr. T. A. Mirza, Addl. Public Prosecutor for the Non-applicant/State.
-------------------------------------------------------------------------------------------

             CORAM :          V. M. DESHPANDE AND
                              AMIT BORKAR, JJ.

             DATE         :   31.03.2022.


JUDGMENT : (PER - AMIT BORKAR, J.)


1.           Heard.

2. Rule. Rule made returnable forthwith.

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

Criminal Procedure, the applicants are challenging registration of

the First Information Report along with consequent charge-sheet

bearing No.433/2020 dated 29.12.2020 registered with the non-

applicant No.2 - Police Station for the offences punishable under

Sections 188 and 270 of the Indian Penal Code, Section 51(b) of 3 Cri.APL-265.22-J.odt

the Disaster Management Act, 2005, Section 3 of the Epidemic

Diseases Act, 1897 and Section 135 of the Maharashtra Police Act,

1951 and Criminal Proceedings Bearing S.C.C.No.9293/2021

pending before the learned 5th Jt. Civil Judge Junior Division and

Judicial Magistrate, First Class, Nagpur.

4. The First Information Report came to be registered

against the applicants with the accusations that on 14.08.2020,

the applicants were making agitation at Hiwari Nagar Power

House within the jurisdiction of non-applicant No.2 - Police

Station. It is therefore alleged that the applicants have violated

provisions of Section 144 of the Code of Criminal Procedure.

5. We have carefully considered the allegations in the First

Information Report and judgment of this Court in Criminal

Application (APL) No.453/2020. After analyzing the First

Information Report along with the judgment of this Court in

Criminal Application (APL) No.453/2020 (HLA SHWE and Ors.

Vs. State of Maharashtra), we are satisfied that the point involved

in the present case is squarely covered by the judgment in the case

of HLA SHWE (supra). We have independently considered the

material in the form of charge-sheet and other materials and, we

are satisfied that in so far as the offences in relation to Sections

188 and 270 of the Indian Penal Code, Section 51(b) of the

Disaster Management Act, 2005, Section 3 of the Epidemic 4 Cri.APL-265.22-J.odt

Diseases Act, 1897 and Section 135 of the Maharashtra Police Act,

1951 are concerned, the essential ingredients of the said offences

are not made out, even if, the allegations in the First Information

Report along with material in the form of charge-sheet are taken

on their face value.

6. We are, therefore, satisfied that the continuation of

prosecution against the applicants would amount to abuse of

process of Court.

7. We therefore, pass following order :

The Rule is made absolute in terms of prayer clause (i),

which reads as under :

"quash charge sheet bearing no.433/2020 dated 29/12/2020 which is filed on 15/07/2021 vide filling no.14351/2021 and is registered as S.C.C.9293/2021 in Crime No.0566/2020 registered by respondent no.2 Police Station NANDANWAN District - NAGPUR for offences under Section 188 & 270 of Indian Penal Code, 1860; Section 51(b) OF Disaster Management Act, 2005; Section 3 of Epidemic Diseases Act, 1897 AND Section 135, OF Maharashtra Police Act, 1951."

Pending application(s), if any, stand(s) disposed of.

Digitally signed byRANJANA MANOJ MANDADE Signing Date:01.04.2022 JUDGE JUDGE 18:11 RGurnule