Bombay High Court
Nayan S/O Nagorao Ingle vs State Of Mah. Thr. Ps Kalamana Nagpur And ... on 30 January, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:1257-DB
Judgment apl734.22
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] No. 734 OF 2022.
Nayan s/o Nagorao Ingle,
Aged about 24 years, Occupation - Student,
resident of Raigulmohar Apartment,
Flat No.603, Wing No.03, Teka Naka,
Kamptee Road, Nagpur. ... APPLICANT.
VERSUS
1.State of Maharashtra,
through Police Station,
Kalamna, Nagpur.
2.Meghraj s/o Vishwanath Tarade,
Aged about 50 years, Occupation
Service, resident of Quarter No.06,
Police Line Takli, Nagpur. ... NON-APPLICANTS.
---------------------------------
Shri A.K. Waghmare, Advocate for the Applicant.
Shri M. Khan, A.P.P. for Non-applicant No.1/State.
None for Non-applicant No.2-Served.
----------------------------------
CORAM : VINAY JOSHI AND
VRUSHALI V. JOSHI, JJ.
DATE : JANUARY 30, 2024.
Rgd.
Judgment apl734.22
2
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard. Admit.
By consent of the learned Counsel present for the parties,
the matter is taken up for final disposal.
2. This is an application seeking to quash the criminal
prosecution bearing JCC No.178/2015, arising out of first
information report bearing Crime No.155/2014 registered with
Kalamna Police Station, Nagpur for the offence punishable under
Section 394, 294, 506 read with Section 34 of the Indian Penal Code.
3. At the instance of a report lodged by the informant / non-
applicant no.2 dated 18.05.2014, the aforesaid crime came to be
registered. The informant and the main accused Nagorao Ingle both
are serving in police department. It is the case of informant that 10
days preceding to the lodgment of the report, he learn that Nagorao
has abused him in filthy language. On 14.10.2014 the informant
received a phone call from Nagorao, where again Nagorao abused
Rgd.
Judgment apl734.22
him. Within short time Nagorao came to the police station along
with his wife Jyoti and two sons - Ashish and Nayan (present
applicant). All of them quarreled with the informant. It is alleged
that they have assaulted the informant and snatched a gold chain
worth Rs.90,000/-, therefore, the report.
4. Police have completed the investigation and filed charge
sheet against the main accused Nagorao, his wife - Jyoti and son
Ashish before the Court of competent jurisdiction. Since the
applicant - Nayan was juvenile in conflict with law, a separate report
was filed before the Juvenile Justice Board, which is numbered as
JCC No.178/2015.
5. The main accused have applied to the trial Court for
discharge in terms of Section 239 of the Code of Criminal Procedure,
stating that there is no material to proceed further. The learned
Magistrate declined to discharge the main accused by rejecting the
discharge application vide order dated 09.08.2016. Being aggrieved
by the said order, all three accused [Nagorao, Jyoti and Ashish] have
moved the revisional Court in terms of Section 397 of the Code.
Rgd.
Judgment apl734.22
The learned Sessions Judge after scrutinizing the material was
pleased to discharge all of them vide judgment and order dated
07.07.2017. This time the informant felt aggrieved by the decision
of the Sessions Court, hence moved this Court vide Criminal
Application No.758/2017. After hearing both sides, this Court was
of the view that the impugned judgment was well reasoned which
calls for no interference, and thus, rejected the criminal application
vide order dated 05.02.2021.
6. On above facts, the applicant Nayan against whom charge
sheet has been filed before the Juvenile Justice Board claims for
quashing of said proceeding. It is informed by the learned Counsel
for the applicant that evidence has not yet commenced by the
Juvenile Justice Board.
7. With the assistance of both sides, we have examined the
material only to find out whether any distinct role has been ascribed
to the applicant Nayan, but, we could not find anything. On the
said canvass we have noted that rest of the accused who were facing
similar allegations have already been discharged and this Court has
Rgd.
Judgment apl734.22
put seal on the discharge by order dated 05.02.2021. Admittedly the
said order has not been challenged, meaning thereby it has attained
finality. In the circumstances, it is not possible for us to take any
other view than to adopt the same course as has been approved by
this Court.
8. In view of above, Criminal Application needs to be
allowed, hence the following order.
ORDER
(i) Criminal Application is allowed and disposed of.
(ii) The criminal prosecution bearing JCC No.178/2015
pending on the file of Juvenile Justice Board, Nagpur,
arising out of first information report bearing Crime
No.155/2014 registered with Kalamna Police Station,
Nagpur for the offence punishable under Section 394,
294, 506 read with Section 34 of the Indian Penal Code
is hereby quashed and set aside.
JUDGE JUDGE
Rgd.
Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 01/02/2024 17:34:27
