Babanrao S/O Rustamrao Sangale ... vs State Of Mah. Thr. Pso Ps Buldhana ...
2023 Latest Caselaw 11268 Bom

Order                                                                                     0211appp1444.23
                                                       1


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


                     CRIMINAL APPLICATION [APPP] NO. 1444/2023
                     IN CRIMINAL APPLICATION [APL] NO. 766/2022.
                                Babanrao Rustamrao Sangale and another.
                                                   -VERSUS-
                                        State of Maharashtra and another.

Office notes, Office Memoranda of
Coram, appearances, Court's orders                            Court's or Judge's Orders
or directions and Registrar's orders.


                                            None for Applicants.
                                            Ms.S. Haider, A.P.P. for he Non-applicant No.1.
                                            Shri A.N. Darunde, Advocate h/f. Ms M. Sharma, Advocate
                                            for Non-applicant No.2.




                                                 CORAM : VINAY JOSHI AND
                                                         M.W. CHANDWANI, JJ.

                                                 DATE        : NOVEMBER 02, 2023.



                                                           Heard.

2. This an application moved by the non-

applicant no.2 / victim for speaking to minutes.

The learned Counsel appearing for non-applicant

no.2 would submit that certain observations made

by this Court in paragraph no.11 of the judgment

dated 07.07.2023 has caused the accused to issue

legal notice seeking compensation, and therefore,

said part of the order needs to be deleted. Rgd.

Order 0211appp1444.23

3. Initially at the instance of the victim a

crime came to be registered against original

applicant nos. 1 and 2. Being aggrieved by the

same, applicants have approached this Court vide

Criminal Application No.766/2022 for quashing of

the first information report. The said application

was heard on merits and came to be allowed,

resulting into quashing of the first information

report bearing Crime No.295/2022. While

deciding said application, this Court has in

paragraph no.11 has observed as ".. it reveals that

vague and general allegations are levelled by the

informant against the applicants". In consequence

of such observations, the original applicants have

chosen to issue a legal notice to the victim claiming

an amount of Rs.5 Crores towards compensation

for lodging frivolous report.

4. As a matter of fact, while concluding

that there was no prima facie material to proceed

with the case, above observations were recorded.

It does not mean that we have held that the first

information report was false or frivolous. It is a

Rgd.

Order 0211appp1444.23

matter of appreciation before the competent Court

to decide the case independently, if legal action is

taken by applicants. However, a part of the

reasoning of this Court cannot be deleted. Hence,

application is disposed of.

JUDGE JUDGE

Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 03/11/2023 15:11:28 Rgd.