Bombay High Court
Dhanraj S/O Ashok Lahariya vs State Of Mah. Thr. Pso Ps ... on 13 June, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 720 OF 2023
APPLICANT : Dhanraj S/o Ashok Lahariya,
Aged about : 39 Yrs. Occ : Ex-Serviceman,
R/o Gaddam Plot, Railway B Cabin,
Akola.
VERSUS
RESPONDENTS : 1. State of Maharashtra
Through its Police Station Officer,
Police Station, Hudkeshwar,
Tah. & Distt.: Nagpur.
2. Prateek S/o Dujendrakumar Sharma,
Aged about : 32 Yrs. Occ : Lawyer,
R/o "Shree Narayani", Plot No.32,
Indraprasth Lay-out, Near Bhende
Lay-out, Bhamti Ring Road, Nagpur.
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Shri V. N. Morande, Advocate for applicant.
Shri S. S. Doifode, Additional Public Prosecutor for respondent No.1.
Shri Ved Deshpande, Advocate for respondent No.2.
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CORAM:- VINAY JOSHI AND
VALMIKI SA MENEZES, JJ.
DATED : 13/06/2023.
ORAL JUDGMENT : (PER VINAY JOSHI, J.) :
1. Admit. Heard finally with the consent of learned
counsel appearing for the parties.
2. This is an application of accused No.7 - Dhanraj s/o
Ashok Lahariya seeking to quash FIR as well as charge sheet
relating to Crime No.502/2020 for the offences punishable under
Sections 395, 323, 504 r/w Section 34 of the Indian Penal Code.
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3. It is submitted that except reference in the FIR, there is
nothing against applicant - Dhanraj s/o Ashok Lahariya. Besides, it
is argued that even if the contents of FIR are taken at its face
value, it does not discloses commission of cognizable offence on
the part of applicant - Dhanraj. The applicant would submit that
perusal of entire charge sheet, does not bear any reference
regarding role led by Dhanraj in the occurrence.
4. Shri Deshpande, learned counsel for the informant has
conceded the position that he has no objection to quash criminal
prosecution to the extent of Dhanraj. With the assistance of both
sides, we have gone through the FIR. The main allegations are
against the co-accused. We find reference of Dhanraj to the extent
that after incident Dhanraj along with brother Aniket arrived on
the spot. Besides that, no role is assigned to Dhanraj. We have
examined the statements of other witnesses who have stated
nothing against Dhanraj. Moreover, applicant has pointed out that
the informant himself gave a letter to the police dated 06/12/2020
wherein he clarified that under misconception, he has stated the
name of Dhanraj and thus, he does not want to prosecute him.
Considering the said position, the chances of conviction are remote
and bleak. The continuation of prosecution amounts to abuse of
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process of Court. In view of that, application is allowed. We hereby
quash and set aside the criminal prosecution to the extent of
Dhanraj arising out of Crime No.502/2020 which is numbered as
RCC No. 615/2023 pending on the file of Judicial Magistrate First
Class, Nagpur.
5. While parting with the order, we came across the
situation that the brother of Dhanraj namely; Aniket Ashok Lahriya
is also sailing in the same boat. Similarly, besides his name in the
FIR, there is nothing against him. On query, Advocate Shri
Deshpande also conceded the said position. Facing of criminal
prosecution is serious affair which may affect the personal liberty
of citizens. Therefore, we deem it appropriate to exercise our
inherent jurisdiction to quash the criminal prosecution against
Aniket also to secure the ends of justice, though he has not
applied. In view of above, we hereby also quash and set aside the
criminal prosecution against Aniket (accused No.6) relating to
above FIR and criminal case.
6. Application stands disposed in the above terms.
[VALMIKI SA MENEZES, J.] [VINAY JOSHI, J.]
Choulwar
