Bombay High Court
Rupam Vinaykumar Juare vs The State Of Maharashtra Thr Pso Ps ... on 13 November, 2025
2025:BHC-NAG:11947-DB
J-apl1055.25 final.odt 1/7
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) No.1055 OF 2025
1. Rupam Vinaykumar Juare,
Aged about 27,
Occupation : Service,
R/o. Burdi Armori, Tah. Armori,
Distt. Gadchiroli.
2. Neha Vinaykumar Juare,
Aged about 31,
Occupation : Service,
R/o. Burdi Armori,
Tah. Armori, Distt. Gadchiroli. : APPLICANTS
...VERSUS...
1. The State of Maharashtra,
Through Police Station Officer,
Police Station Armori,
Tah. Armori, Distt. Gadchiroli.
2. Atul Dilip Selote,
Aged about 35,
Occupation : Police Constable,
(Badge No.135), R/o. Armori,
Tah. Armori, Distt. Gadchiroli. : RESPONDENTS
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Mr. Parth Sagdeo, Advocate for Applicants.
Mrs. Sneha Dhote, Additional Public Prosecutor for Respondent No.1.
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CORAM : URMILA JOSHI-PHALKE AND
NANDESH S. DESHPANDE, JJ.
RESERVED ON : 06th NOVEMBER, 2025.
PRONOUNCED ON : 13th NOVEMBER, 2025.
J-apl1055.25 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 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 seeking quashing of the Final Report
No.25 of 2022, dated 19.04.2022 arising out of First Information
Report No.207/2021, dated 04.07.2021, registered with Police
Station Armori, District Gadchiroli, for the offences punishable
under Section 186 read with Section 34 of the Indian Penal Code,
1860.
3. As per the contents of the First Information Report
respondent No.2 lodged a report with respondent No.1 on
04.07.2021, stating that on 21.06.2021, the Tahsildar, Armori had
written a letter to the Police Station informing that the applicants
had threatened to commit suicide, alleging that an illegal case, i.e.
Crime No.155/2021, had been registered against them for offences
punishable under Sections 353, 188, 272, 273 read with Section 34
of the Indian Penal Code. Pursuant thereto, on 28.06.2021, the
father of the applicants was called to the Police Station and was
directed to send the applicants for counselling. Upon their
appearance, the concerned officer of the Armori Police Station
attempted to counsel and dissuade them from taking any extreme
steps and, as a preventive measure, issued a notice under Section
149 of the Code of Criminal Procedure, 1973. The applicants were
again summoned on 29.06.2021 and 30.06.2021 by the Police
Officials for further counselling and were once more advised not to
commit suicide. Subsequently, on 02.07.2021, the Sub-Divisional
Police Officer, Armori visited the Police Station for conciliation with
the applicants, however, they failed to appear despite due
intimation.
4. On 03.07.2021, in view of the repeated threats by the
applicants to commit suicide, preventive security measures were
ordered at the Office of the Tahsildar, Armori. At about 04:10 pm,
the mother and sister of the applicants arrived at the said office,
and shortly thereafter, at approximately 04:20 pm, a white Hyundai
i-10 car bearing registration number MH-33-V-1966 reached the
premises. Upon inquiry, the father of the applicants pointed
towards the back seat of the vehicle, stating that the applicants had
consumed pills at about 4:30 pm. Based on the said medical
findings and the prior threats made by the applicants to commit
suicide, the Police registered an offence against them for the
commission of offences punishable under Sections 309, 186, and 34
of the Indian Penal Code. It is this First Information Report and the
consequent Final Report which is being assailed in the present
application.
5. We have heard Mr. Parth Sagdev, learned counsel for
the applicants and Mrs. Sneha Dhote, learned Additional Public
Prosecutor for the respondent No.1.
6. The Learned Counsel for the applicants submits that a
criminal case vide Crime no. 15 of 2021 under Sections 353, 188,
272,273 and 34 of the Indian Penal Code was registered against the
applicants because of which the applicants on 03.07.2021
consumed pills of Avil-50 which subsequently resulted an overdose
of "pheniramine malate". Therefore, as the applicants had
intimidated about committing suicide and tried to commit the same
by overdosing themselves with "pheniramine malate" a First
Information Report dated 04.07.2021 was registered against them
under Sections 309, 186 and 34 of the Indian Penal Code.
However, offence under Section 309 of the Indian Penal Code was
dropped as there was no evidence available on record to support
the allegations and make out materials of Section 309 of the Indian
Penal Code.
7. The learned counsel for applicants submitted that an
offence under Section 186 of the Indian Penal Code could not have
been registered at all against the present Applicant. Section 195 of
the Criminla Procedure Code expressly bars the Court from taking
cognizance of an offence punishable under Section 186 of the
Indian Penal Code based on a police report cognizance for such an
offence can only be taken upon a written complaint made by the
concerned public servant or by a public servant to whom he is
subordinate. In the present case, no such complaint has been filed
as required under Section 195(1)(a) read with Section 190(1)(a) of
the Criminal Procedure Code. Therefore, registration and
continuation of proceedings under Section 186 of the Indian Penal
Code are without jurisdiction.
8. On the other hand, the Learned Additional Public
Prosecutor vehemently opposed the submissions advanced by the
Counsel for the Applicants. The Learned Additional Public
Prosecutor submits that investigating agency has collected the
ample material showing the prima-facie involvement of the present
applicants along with other accused persons in commission of crime
and in view of the above, fair opportunity needs to be given to the
prosecution to prove their case by conducting the full-fledged trial.
9. In the backdrop of these submissions we have perused
the First Information Report and the consequent charge-sheet the
only offence which now remains punishable under Section 186 of
the Indian Penal Code. Said Section speaks about obstructing
public servant in discharge of public functions and contemplates
that whoever voluntary obstruct any public servant in discharge of
public functions shall be punishable with imprisonment as provided
under said Section. However, Section 195 of the Criminal
Procedure Code specifically bars the trial Court from taking
cognizance of offence punishable under the said Section except on
the complaint in writing of the public servant concerned or of some
other public servant to whom he is administratively subordinate.
10. In the present case as can be seen from the First
Information Report the same has been lodged by one Atul Dilip
Selote, who happens to be a Police Personnel. It is, therefore, clear
that the Court is barred from taking cognizance in view of specific
bar under Section 195 of the Criminal Procedure Code. The
resultant prosecution, therefore, would be an abuse of process of
Court and, therefore, the situation would squarely falls within the
parameters of judgment of the Hon'ble Apex Court, in the case of
State of Haryana and others Vs. Bhajanlal and others, reported in
1992 Supp (1) SCC 335, Para No.102, sub-para (6) observed as
under :
(6) Where there is an express legal bar
engrafted in any of the provisions of the Code or
the concerned Act (under which a criminal
proceeding is instituted) to the institution and
continuance of the proceedings and/or where
there is a specific provision in the Code or the
concerned Act, providing efficacious redress for
the grievance of the aggrieved party."
11. We, therefore, pass the following order :
ORDER
(i) The application is allowed.
(ii) Final Report No.25 of 2022, dated 19.04.2022
arising out of First Information Report No.207/2021, dated
04.07.2021, registered with Police Station Armori, District
Gadchiroli, for the offences punishable under Section 186 read with
Section 34 of the Indian Penal Code, 1860 is quashed and set aside.
(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: 13/11/2025 14:54:16
