Vinayak S/O Nana Patil vs State Of Maharashtra And Anr
2023 Latest Caselaw 540 Bom

                                                                       10-apl-371-2022.odt

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL APPLICATION NO. 371 OF 2022


                      Vinayak s/o. Nana Patil                     ... Applicant
                           Versus
                      The State of Maharashtra and Ors.           ... Respondents

                      Ms. Madhavi Ayyappan i/b Talekar and Associates, for the Applicant.
                      Mr. K. V. Saste, APP for the Respondent - State.

                                                 CORAM : REVATI MOHITE DERE &
                                                         PRITHVIRAJ K. CHAVAN, JJ.

                                                 DATE     : 16th JANUARY, 2023.

                      P. C. :

Heard learned Counsel for the applicant.

2 By this Application, the applicant seeks quashing of the FIR,

bearing C.R.No. 223 of 2018, registered with the Shahuwadi Police

Station, Kolhapur, for the alleged offences punishable under Sections

406, 409 and 420 of the Indian Penal Code.

3 Learned Counsel for the applicant seeks quashing on the

premise, that the applicant has been exonerated in the Departmental

REKHA PRAKASH PATIL Digitally signed by REKHA PRAKASH PATIL Rekha Patil 1/2 Date: 2023.01.19 11:15:36 +0530 10-apl-371-2022.odt

Enquiry by the Disciplinary Authority on merits. She submits that

the nature of allegations against the applicant in the present FIR are

identical to the allegations made against the applicant in the

Departmental Enquiry. Learned Counsel for the applicant relied on

the judgment of the Apex Court in Ashoo Surenderanath Tewari V/s

Deputy Superintendent of Police, EOW, CBI and Anr. 1 and of the

division bench judgment of this Court in Keshav V/s State of

Maharashtra, Through Police Station Officer and Anr. 2.

4 Learned APP seeks time to take instructions and go through

the papers.

5 Stand over to 6th February, 2023.

PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.

1 (2020) 9 Supreme Court Cases 636 2 (2022) 2 AIR BOM R (Cri) 816

Rekha Patil 2/2