[Cites 6, Cited by 0]
Bombay High Court
Devanand Narsingh Pawar And Another vs State Of Maharashtra, Thr. Pso Ps ... on 23 December, 2025
2025:BHC-NAG:14857-DB
J-apl506.21 final.odt 1/7
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) No.506 OF 2021
1. Devanand Narsingh Pawar,
Aged about 46 years,
Occupation : Agriculturist,
R/o. Plot No.3 Kale Layout,
Near Gitai Apartment, Arvi Road,
Yavatmal, Tq. & Dist. Yavatmal
2. Sahebrao Narsingh Pawar,
Aged about 44 years,
Occupation : Teacher,
R/o Plot No. 3, Kale Layout,
Near Gitai, Apartment, Arvi Road,
Yavatmal, Tq. and Distt. Yavatmal. : APPLICANTS
...VERSUS...
1. State of Maharashtra,
through P.S.O., P.S. Ghatanji,
Tq. Ghatanji, District Yavatmal.
2. Salim s/o. Abdul Kureshi,
Aged 54 years,
Occupation : Cook,
R/o. Jalaram Ward, Ghatanji,
Tq. Ghatanji, Distt. Yavatmal. : NON-APPLICANTS
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Mr. Anil Mardikar, Senior Advocate assisted by Mr. Ved Deshpande,
Advocate for Applicants.
Mr. M.J. Khan, Additional Public Prosecutor for Non-applicant No.1.
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CORAM : URMILA JOSHI-PHALKE AND
NANDESH S. DESHPANDE, JJ.
RESERVED ON : 27th NOVEMBER, 2025.
PRONOUNCED ON : 23rd DECEMBER, 2025.
J-apl506.21 final.odt 2/7
JUDGMENT :
(Per : Nandesh S. Deshpande, J.)
1. Heard. Admit. Heard finally by consent of learned
counsel appearing for the parties.
2. The applicants have approached this Court by filing the
present application under Section 482 of the Code of Criminal
Procedure, 1973, seeking quashing of the First Information Report
dated 07.04.2015, registered as Crime No. 53/2015 with the Police
Station Ghatanji, District Yavatmal, for offences punishable under
Sections 143, 147 and 324 of the Indian Penal Code, 1860. The
applicants have further prayed for quashing of the
Charge-sheet/Final Report bearing No.151/2015 dated 09.12.2015
filed in the said crime, pursuant to which Regular Criminal Case
No.300/2015 is presently pending before the learned Judicial
Magistrate First Class, Ghatanji, District Yavatmal.
3. According to the case of non-applicant No. 2 and the
contents of the First Information Report on 06.04.2015 at around
10:00 P.M., while returning home from the mosque after finishing
cooking work, non-applicant No.2 saw a crowd near Jama Masjid
where one Sachin Malikapure was present. Out of curiosity he went
there. At that time, applicant No.1, namely, Devanand Pawar and
applicant No. 2, namely, Sahebrao Pawar along with others came
there and, without any provocation or conversation, caught hold of
non-applicant No.2 and assaulted him with kicks and fists, causing
injuries to his right hand, left palm and toes. Being aggrieved by
this the non-applicant No.2 lodged the First Information Report,
which is challenged in the present application.
4. We have heard Shri Anil Mardikar, learned Senior
Counsel, assisted by Mr. Ved Deshpande, learned counsel for
applicants and Mr. M.J. Khan, learned Additional Public Prosecutor
for the non-applicant No.1/State.
5. Shri Anil Mardikar, Senior Counsel for applicants
submits that allegations contained in the First Information Report
and the material placed with the charge-sheet are prima facie
vague, insufficient and do not disclose commission of any offence
against the applicants. The First Information Report in Crime
No.53/2015 is manifestly false and frivolous, being the direct
outcome of political rivalry during Gram Panchayat elections. The
applicant No.1 was then an elected as Member of Zilla Parishad,
Yavatmal.
6. Learned Senior Counsel submitted that medical papers
annexed to the charge-sheet demolish the prosecution case as the
injuries claimed by non-applicant No.2 in the First Information
Report which include injuries on right hand, left palm and toes
caused by kicks and fists do not at all correspond with the findings
recorded in the medical certificate. Further, there is gross and
unexplained delay of more than 24 hours in lodging the First
Information Report. The incident is alleged to have occurred at
about 10:00 p.m. on 06.04.2015.
7. Lastly, it is submitted that continuation of proceedings
in Crime No.54/2015 would amount to gross abuse of the process
of Court, therefore, liable to be quashed by this Court in exercise of
its inherent jurisdiction.
8. On the other hand, the learned Additional Public
Prosecutor vehemently opposed the arguments advanced by the
Senior Counsel for the applicants and submits that the allegations
in the First Information Report, when read as a whole, clearly
disclose a prima facie case against the applicants.
9. In the backdated of these facts and arguments
advanced by the counsels we have perused the record. The offences
complained of are under Sections 143, 147, 324 of the Indian Penal
Code which speaks about punishment for being a member of
unlawful assembly and rioting respectively. The assembly to be
unlawful has to be fulfill the ingredients of Section 141 of the
Indian Penal Code. As far as offence under Section 324 is
concerned, it speaks about voluntarily causing hurt by dangerous
weapon or means, usage of any instrument for shooting, stabbing or
cutting or any instrument which used as a weapon of offence is
likely to cause death is a sine qua non for attracting the offence
under Section 324.
10. In the backdrop of these facts, if the oral report leading
to lodging of F.I.R. is seen, it states about the incident of 6.4.2015
at about 10.00 p.m. If the medical report placed on record by the
applicant is concerned, it is of one Sheikh Abdul Qadar while the
complainant is Salim Abdul Qadir Qureshi. Thus, the name is
different and the medical report in support of offences complained
of in the F.I.R. is doubtful in nature. Furthermore, if the statement
recorded by the prosecution of witness, namely, Yunus Gafar is
considered, even if it is recorded on 7.4.2015 is not of any
assistance, since it does not name any particular person much less
the applicant. There is nothing incriminating against the applicants
in the entire charge-sheet. Thus, the offences complained of
punishable under Sections 143, 147 and 324 cannot be made out as
the ingredients necessary for making out the said offences are
lacking.
11. Thus, in view of the said matter, continuation of the
criminal proceeding as against the applicants would be travesty of
justice and abuse of process of Court. Thus, the situation would
squarely fall within the laid down parameters of the Supreme Court
in the case of State of Haryana and others Vs. Ch. Bhajan Lal and
others, reported in AIR 1992 SC 604,
1. Where the allegations made in the First
Information Report or the complaint, even if they
are taken at their face value and accepted in their
entirety do not prima-facie constitute any offence
or make out a case against the accused.
3. Where the uncontroverted allegations made in
the FIR or complaint and the evidence collected in
support of the same do not disclose the
commission of any offence and make out a case
against the accused.
5. Where the allegations made in the FIR or
complaint are so absurd and inherently
improbable on the basis of which no prudent
person can ever reach a just conclusion that there
is sufficient ground for proceeding against the
accused.
7. Where a criminal proceeding is manifestly
attended with mala fide and/or where the
proceeding is maliciously instituted with an
ulterior motive for wreaking vengeance on the
accused and with a view to spite him due to
private and personal grudge."
12. We, therefore, pass the following order :
ORDER
(i) The application is allowed.
(ii) The First Information Report bearing Crime
No.53/2015 and the Charge-sheet bearing No.151/2015 as also
Regular Criminal Case No.300/2015 for the offences punishable
under Sections 143, 147 and 324 of the Indian Penal Code is
quashed and set aside to the extent of the applicants.
(iii) The application is disposed of.
(Nandesh S. Deshpande, J.) (Urmila Joshi-Phalke, J.)
wadode
Signed by: Mr. Devendra Wadode
Designation: PS To Honourable Judge
Date: 23/12/2025 16:54:25
