Baban Shankar Gawai And ORS v. The State Of Maharashtra And ANR
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.711 OF 2016 Baban Shankar Gawai and Ors.
... Petitioners Vs.
The State of Maharashtra and Anr.
... Respondents WITH CRIMINAL WRIT PETITION NO.1292 OF 2016 Rakesh Deviprasad Kumar and Ors.
... Petitioners Vs.
The State of Maharashtra and Anr.
... Respondents CRI. WP/711/2016 Mr. Amarendra Mishra for the Petitioners.
Mr. N.B. Patil, APP for the Respondent No.1.
Mr. Mandar Soman a/w Mr. Deepak Pathak i/by Mr. Vijendra Suraj Jabra for the Respondent No.2.
CRI. WP/1292/2016 Mr. Mandar Soman a/w Mr. Deepak Pathak i/by MKS Legal Associates for the Petitioners.
Dr. F.R. Shaikh, APP for the Respondent No.1. Mr. Amarendra Mishra for the Respondent No.2. CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.
DATE : 21st MARCH, 2017 P.C.
The prayer in both the matters is for quashing different First Information Reports. As far as Writ Petition No.1292 of 2016 is concerned, the first informant is an officer of the Municipal
Corporation. The incident complained of has occurred within the office of the Mumbai Municipal Corporation. The allegation is that the second petitioner therein came to the first informant and inquired about an application made by one Aditya Mahesh Dadarkar for grant of permission to construct a temporary structure for running his election office. The allegation is that the petitioners assaulted the first informant and threatened him. The allegation is that they tried to destroy the application filed on record.
Considering the fact that the incident has occurred in the office of the Municipal Corporation while the first informant was allegedly discharging his duty, only on the ground of settlement, FIR cannot be quashed and set aside. Faced with this difficulty, the learned counsel appearing for the petitioner seeks permission to withdraw the Petition with liberty to file a fresh Petition seeking quashing on merits. In Writ Petition No.711 of 2016, the learned counsel appearing for the parties states that quashing on the basis of settlement was sought on the footing that even the FIR subject matter of Writ Petition No.1292 of 2016 will be quashed on the ground of settlement. Therefore, even the petitioners in this Writ Petition seeks permission to withdraw the Petition with liberty to file fresh proceedings for quashing
on the ground of merits.
Both the Petitions are disposed of as withdrawn with liberty to the petitioners to file fresh proceedings for quashing on the ground of merits. All contentions on merits are kept open. (ANUJA PRABHUDESSAI, J) (A.S. OKA, J)