Bombay High Court
Shailesh S/O P. Sapkal vs The State Of Maharashtra Thr. Pso Ps City ... on 5 September, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:10053-DB
940-APL-643-24.odt 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.643 OF 2024
Shailesh s/o P. Sapkal
Aged about 58 years,
Occupation - Service,
R/o Nisarg Park, Toshniwal Layout,
Akola, Tq. and Dist. Akola ... Applicant
-vs-
1. State of Maharashtra,
Through Police Station Officer,
Police Station, City Kotwali, Akola
Tah. and District Akola
2. Jayprakash s/o Bakelal Mishra,
Aged about 45 years.
Occupation - Journalist,
R/o. Jagjivan Ram Nagar,
Telephone Colony, Apatapa Road,
Akola, Tah. and District-Akola ... Non-applicants
Shri Ved R. Deshpande, Advocate for applicant.
Shri A. M. Joshi, APP for non-applicant No.1/State.
Shri Mandar R. Deshpande for respondent No.2.
CORAM : VINAY JOSHI AND MRS VRUSHALI V. JOSHI, JJ.
DATE : September 05, 2024
Oral Judgment : ( Per : Vinay Joshi, J.)
1. Heard.
2. Admit.
3. This is an application seeking to quash the F. I. R. arising out of
Crime No.124/2024 registered with Police Station City Kotwali, Akola for
the offences punishable under Sections 167, 120, 464, 465, 469, 471, 468
of Indian Penal Code read with Section 72 of the Information Technology
Act, 2000 and Section 26 of Indian Telegraph Act, 1985.
4. The informant is an Editor of daily newspaper based at Akola. The
applicant was serving as a Police Inspector and was attached to Crime
Branch at the relevant time. It is informant's case that in order to falsely
implicate the applicant. The applicant under pretext of carrying
investigation in some other crime, had obtained CDR and SDR of the
informant and some other persons. It is alleged that the applicant has
misused his position while serving in the Police Department and procured
personal information by misleading the Authorities. According to the
informant, the said material was collected to either falsely implicate or
blackmail the informant.
5. On the basis of information regarding cognizable offence, the
police have carried investigation and took several steps as necessitated to
collect the material for filing of the final report. In the meantime, it is
stated that the matter has been amicably settled in between the parties.
The informant has filed reply/affidavit stating that though his personal
information i.e. CDR and SDR was obtained, however it was not misused
by the applicant. It is stated that as the informant and the applicant are
residing in the same city, to maintain cordial relations the matter is
settled. The informant has no objection to quash the present
proceedings.
6. The informant is present before us who is identified by his learned
counsel. On our query, the informant reiterated the contents of affidavit
and stated about his no objection to quash the F.I.R. lodged against the
applicant. The learned counsel for the applicant would submit that the
applicant would deposit costs of Rs.25,000/- as the police have carried
out investigation in the matter.
7. Taking overall view of the matter, it is evident that the allegation
is restricted to the collection of CDR and SDR of the informant stating to
be required for some other crimes. There are no allegations that the said
material was used by the applicant with ulterior motive or has passed to
some one else. Looking to the nature of allegations, it cannot be said to
be serious or anti-social offence. Both, the applicant and the informant
are residents of Akola and having cordial relations. Since the matter is
settled, the informant is unwilling to go on with prosecution. Thus the
chances of conviction are bleak. In the circumstances continuation of
prosecution amounts to abuse of the process of the Court.
8. In view of above, the application is allowed. We hereby quash and
set aside the F. I. R. lodged against the applicant in Crime No.124/2024
registered with Police Station City Kotwali, Akola for the offences
punishable under Sections 167, 120, 464, 465, 469, 471, 468 of Indian
Penal Code read with Section 72 of the Information Technology Act, 2000
and Section 26 of Indian Telegraph Act, 1985.
9. The applicant shall deposit sum of Rs. 25,000/- (Rupees Twenty
Five Thousand) with the High Court Bar Association within a period of
one week from today.
10. Criminal Application No.643/2024 is allowed and disposed of in
above terms. Pending Application (APPP) No.698/2024 also stands
disposed of accordingly.
11. Stand over to 13/09/2024 for reporting compliance.
(Mrs Vrushali V. Joshi, J.) (Vinay Joshi, J.)
Asmita
Signed by: Smt. Asmita A. Bhandakkar
Designation: PS To Honourable Judge
Date: 06/09/2024 13:16:45
