Bombay High Court
Nitanshu S/O Shishupal Nandeshwar vs The State Of Mah. Thr. Ps Yashodhara ... on 12 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:8950-DB
1 22.apl.1671.2023 J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION NO.1671 OF 2023
Nitanshu s/o Shishupal Nandeshwar,
aged about 26 years, Occu : Service,
R/o House No. 586/C/451 Binaki
Layout, Indiramata Nagar, Nagpur -
440 017
...APPLICANT
VERSUS
1. The State of Maharashtra, through
Police Station Yashodara Nagar, Tq. &
Dist. Nagpur.
2. Shri Nilesh M. Hedau, aged about 24
years, Occ. Nil, R/o Indiramata Nagar,
Near Karate Ground, Nagpur -
440017
... NON-APPLICANTS
__________________________________________________________
Shri Harshwardhan Khawle , Advocate h/f Shri N.V.
Fulzele, Advocate for the applicant.
Shri Badar, A.P.P. for the State.
Non-applicant no.2 is served.
__________________________________________________________
CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 12.08.2024.
2 22.apl.1671.2023 J.odt
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
Heard. ADMIT.
2. The matter is taken up for final disposal with the
consent of the learned Counsel appearing for the parties.
3. This is an application seeking to quash the
criminal prosecution bearing R.C.C. No.2105 of 2021
arising out of First Information Report No.604 of 2020
registered with the Yashodhara Nagar Police Station,
Nagpur City for the offence punishable under Sections 324,
341, 143, 144, 145, 147, 148, 149, 188, 506 of the Indian
Penal Code and Section 135 of the Maharashtra Police Act,
1951.
4. The non-applicant no.2 (informant) is served
however he is absent.
5. Learned Counsel for the applicant would submit
3 22.apl.1671.2023 J.odt
that co-accused Dhananjay Nandeshwar, who is the real
brother of the applicant, has already been released by
Court. Co-accused Dhananjay Nandeshwar has applied for
quashing of FIR in Criminal Application No.1291 of 2023 in
which by order dated 12.07.2024, the prosecution against
Dhananjay Nandeshwar has been quashed by this Court. On
the said background, it is argued that the role of the
applicant is exactly similar as besides stating the name in
FIR, there is nothing against the applicant. It is submitted
that the statements recorded under Section 161 of the Code
of Criminal Procedure does not attribute any role to the
applicant Nitanshu Nandeshwar.
6. Learned Additional Public Prosecutor fairly
conceded that the material against the applicant is exactly
similar to co-accused Dhananjay against whom the
prosecution has been quashed.
7. The learned Counsel for the applicant attracted
4 22.apl.1671.2023 J.odt
our attention to the observations made by this Court in
paragraphs 5 and 6 of the order in Criminal Application
No.1291 of 2023, which read as below :
"5. Perusal of the entire charge-sheet,
which is inclusive of the FIR would
show that some dispute was going on
since four months prior to the FIR dated
27/07/2020 within two groups in
respect of flag-post. The matter had
gone to Police Station also, but then the
other group appears to have decided to
erect another flag-post and started
digging around 10.00 am on
27/07/2020. It is alleged that the said
act was objected by another group and
then it is stated that the applicant was
present at the said place. The informant
says that he was manhandled and the
other persons, who were present of his
group, received injuries due to pelting
of stones. Some persons had restrained
the persons from the group of
informant and then they were assaulted
by some instruments. They were also
threatened.
6. The statements of witnesses have
been recorded under section 161 of the
Code of Criminal Procedure and we
have gone through the same. Those
witnesses not even show the presence
of the present applicant. Therefore, the
5 22.apl.1671.2023 J.odt
question of assigning any role to him
does not arise. Mere presence will not
attract section 143 of the IPC and in the
result, there cannot be a common object
to be attributed under section 149 of
the IPC. The intention even prima facie
is missing and therefore, it would be a
futile exercise to ask the applicant to
face the trial. This is a fit case where
the inherent powers of this Court under
section 482 of the Cr.P.C. deserves to be
exercised. Hence, we proceed to pass
the following order."
8. In the above background, we have no hesitation
to hold that there is no material against the present
applicant for putting him on trial. In short, it is a fit case to
quash the prosecution by invoking our inherent powers,
hence the following order :
(a) The Application is allowed and disposed of.
(b) We hereby quash and set aside the criminal
prosecution bearing R.C.C. No.2105 of 2021
arising out of First Information Report No.604
of 2020 registered with the Yashodhara Nagar
Police Station, Nagpur City for the offence
punishable under Sections 324, 341, 143,
6 22.apl.1671.2023 J.odt
144, 145, 147, 148, 149, 188, 506 of the
Indian Penal Code and Section 135 of the
Maharashtra Police Act, 1951 against the
present applicant only.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 14/08/2024 15:05:22
