Mr. Ssayyed Jalal Ahmed @ Rizvan v. The State Of Maharashtra And ANR

Sr.No. 905 WP 872.15 SSK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.872 OF 2015 Mr. Sayyed Jalal Ahmed @Rizvan ....Petitioner versus State of Maharashtra and anr.

....Respondents Mr. Milan Desai i/b. Mr. Ashish Dubey, advocate for the petitioner. Mrs. M. H. Mhatre, APP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 10th APRIL, 2015.

P.C.:

Heard Mr. Desai, learned counsel for the petitioner and Mrs. Mhatre, learned APP for the State.

2.

The petition is filed for quashing the charge-sheet in C.R.No.401 of 2014 registered with Goregaon Police Station by consent. The said C.R. is registered against the petitioner and others, at the instance of respondent No.2, for the offences punishable under Sections 307, 323, 324, 326, 141, 142, 147, 149 and 504 of the Indian Penal Code, 1860 and Section 37(1) and 135 of the Bombay Police Act, 1951. Shubhada S Kadam 1/2

Sr.No. 905 WP 872.15 3.

Perusal of the FIR discloses that the present petitioner is main accused who was armed with chopper and he inflicted grievous injuries on the back of respondent No.2-complainant. The petitioner had also attempted to cause injuries to respondent No.2's father. The petitioner attempted to give blow on the head of witness - Fardeen Shaikh and caused injury on his hands. Prima facie, we are satisfied that the offence under Section 307 of the Indian Penal Code, 1860 is made out. In terms of decision of the Supreme Court in Narinder Singh vs. State of Punjab (2014 AIR SCW 2065), the offence under Section 307 of the Indian Penal Code, 1860 is heinous and serious offence, and it cannot be quashed even with consent. The writ petition is, accordingly, dismissed.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 2/2