Bombay High Court
Rajendra S/O Ajabrao Kankale vs The State Of Maharashtra Thr. Pso Ps ... on 7 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:8729-DB
1 923.wp.482.24 & 345.24-J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO.482 OF 2024
WITH
CRIMINAL WRIT PETITION NO.345 OF 2024
CRIMINAL WRIT PETITION NO.482 OF 2024
Shrikant S/o. Bhaurao Charhate,
Aged about 58 years, Occu.: Professor,
R/o. Flat No.502, Green Valley, CHS,
Plot No.4A, Sector-8, Airoli, Thane-08 ... PETITIONER
(Accused No.35).
...VERSUS...
State of Maharashtra
Through Police Station Officer,
Police Station, Gadge Nagar, Amravati,
Tah. & District Amravati. ...RESPONDENT
WITH
CRIMINAL WRIT PETITION NO. 345 OF 2024
Rajendra S/o. Ajabrao Kankale,
Aged about 53 years, Occ. : Service,
R/o. Plot No.32, Kankale Plot,
Near Bhuskade Plot, Gadge Nagar, Amravati, ... PETITIONER
(Accused No.8).
...VERSUS...
State of Maharashtra
Through Police Station Officer,
Police Station, Gadge Nagar, Amravati,
Tah. & District Amravati. ...RESPONDENT
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Mr. P. R. Agrawal, Advocate for Petitioner.
Mr. S. S. Doifode, A.P.P. for Respondent/State.
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2 923.wp.482.24 & 345.24-J.odt
CORAM : VINAY JOSHI AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED :- 07.08.2024
ORAL JUDGMENT (PER : VINAY JOSHI, J.):-
1. Rule. Rule is made returnable forthwith. Heard finally by
consent of learned counsel appearing for the parties.
2. Both the petitioners have similarly claimed to quash the charge-
sheet, hence, for the sake of convenience they are taken together for
disposal. The petitioner in Criminal Writ Petition No.345/2024 Rajendra
S/o. Ajabrao Kankale is accused No.8 whilst the petitioner in Criminal Writ
Petition No.482/2024 Shrikant S/o. Bhaurao Charhate is arrayed as accused
No.35. They are seeking to quash the charge-sheet arising out of Crime
No.0266/1987 registered by non-applicant for the offence punishable under
Sections 395, 147, 148, 149, 353, 332, 333, 324, 325, 336, 337, 447 and
427 of the Indian Penal Code read with Section 4/25 of Arms Act and
Section 135 of the Maharashtra Police Act.
3. The learned Counsel appearing for the petitioners would submit
that incident dates back to 36 years pertaining to a free fight in between
two groups of different colleges. He would submit that co-accused Jayant
Bhalerao and Shashikant Rajurkar have earlier applied to this Court for
quashing in Writ Petition No.423/2023 wherein the prosecution has been
quashed to their extent. The learned Counsel for the petitioners would
3 923.wp.482.24 & 345.24-J.odt
submit that the present petitioners are similarly situated as there are no
specific allegations against them.
4. The learned A.P.P. conceded that the case of the petitioners'
stands on the similar footing to the case of the petitioners in Writ Petition
No.423/2023. Besides that, no material is pointed about the specific role of
petitioners for our consideration. In the circumstances, for the reasons
recorded in Writ Petition No.423/2023, the prosecution needs to be
quashed relating to these petitioners also.
5. In view of above, both petitions are allowed.
We hereby quash and set aside charge-sheet in Sessions Case
No.421/2019 arising out of Crime No.0266/1987 registered by the
respondent for the offence punishable under Sections 395, 147, 148, 149,
353, 332, 333, 324, 325, 336, 337, 447 and 427 of the Indian Penal Code
read with Section 4/25 of Arms Act and Section 135 of the Maharashtra
Police Act against petitioner Rajendra S/o. Ajabrao Kankale (accused No.8)
in Criminal Writ Petition No.345/2024 and petitioner Shrikant S/o.
Bhaurao Charhate (accused No.35) in Criminal Writ Petition No.482/2024
only.
6. Pending application(s), if any, stand(s) disposed of accordingly.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Signed by: Mrs. R.M. MANDADE
Designation: PA RGurnule
To Honourable Judge
Date: 09/08/2024 12:30:49
