Rahul Vinayak Jail v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.212 OF 2017 Rahul Vinayak Jail ....Applicant V/s.

The State of Maharashtra ....Respondents Mr. Uday Warunjikar, Advocate for Applicant.

Mrs. Anamika Malhotra, APP for the Respondent-State. ****** CORAM :- R.M.SAVANT & CORAM :- R.M.SAVANT & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :- DATE :- 31ST JANUARY, 2018.

31ST JANUARY, 2018.

P.C. :- P.C. :- The above Criminal Application has been filed for quashing of the FIR being C.R.No.337 of 2016 registered with Varje Police Station, Pune for the offences punishable under Sections 362, 364, 323, 504, 506, 352, 427 and 34 of IPC. We have gone through the FIR with the assistance of the learned counsel for the Applicant. It was the submission of the learned counsel for the Applicant that the role attributed to the Applicant is only of calling up the First Informant and issuing a public notice. In our view, the FIR eloquently depicts the role attributed to the Applicant in the concluding paragraph of the FIR. We refrain ourselves from making Shivgan

* 2/2 * 18-APL-212-2017.doc any comments. However, prima-facie we do not deem this a case wherein the Applicant has been wrongly roped in for the offences alleged in the FIR. The same would undoubtedly be a matter of investigation. Hence, we do not deem it appropriate to interdict at this stage. The above Criminal Application is accordingly, rejected. Needless to state that if any application for discharge is filed, the same would be considered by the Trial Court on its own merits and in accordance with law.

(SANDEEP K. SHINDE, J.) (SANDEEP K. SHINDE, J.) (R.M.SAVANT, J.) (R.M.SAVANT, J.) Shivgan