Vasantrao Vishnu Surve v. The State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2024.03.13 14:47:05 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3217 OF 2021 Vasantrao V. Surve

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Mandar Soman for the Petitioner.

Mr. A.S. Shalgaonkar, APP for the Respondent/State.

CORAM

:

PRAKASH D. NAIK & N. R. BORKAR, JJ.

DATE :

12.03.2024.

PC:- 1.

None present for the respondent No.2.

2.

The First Information Report (FIR) was registered at the instance of respondent No.2 on 10.07.2021 with Kharad Taluka Police Station, Satara vide C.R. No. 319 of 2021 for the ofences under Sections 324, 143, 147, 149, 504 and 506 of the Indian Penal Code.

3.

Vide order dated 16.09.2021, this Court had issued notice to the respondents and directed that the charge-sheet shall not be fled. The interim protection was granted by observing that prima facie it appears that no specifc overt-act is attributed to the petitioner.

1/3

4.

Learned Advocate for the petitioner submitted that the petitioner has been falsely implicated in this case. The petitioner is an Advocate and aged around 70 years. He had been to village to resolve the dispute. No specifc overt-act is attributed to him. The FIR contains vague allegations of abuses and intimidation. The petitioner is not connected with the dispute which is the cause of incident dated 10.07.2021. 5.

Learned APP submitted that the frst informant and other witnesses have referred to the presence of petitioner at the scene of ofence. Pursuant to the registration of FIR, the statements of witnesses were recorded. The statement of one of the witnesses indicates that the petitioner is relative of the complainant. In view of the interim relief granted by this Court, though investigation is complete, charge-sheet is not fled. 6.

The petitioner is senior citizen and aged around 70 years. The FIR refers to presence of petitioner at the scene of ofence but refers to vague overt-act to the petitioner. 7.

We have perused the charge-sheet produced by learned APP. No specifc overt-act is attributed to the petitioner. 2/3

Considering the nature of allegations levelled against the petitioner and the evidence collected by the Investigating Agency, we are of the opinion that the FIR registered against the petitioner needs to be quashed.

O R D E R

A] Criminal Writ Petition is allowed.

B] The FIR dated 10.07.2021 registered with Kharad Taluka Police Station, Satara vide C.R. No. 319 of 2021 for the ofences under Sections 324, 143, 147, 149, 504 and 506 of the Indian Penal Code is quashed and set aside against the petitioner.

(N.R. BORKAR, J.) (PRAKASH D. NAIK, J.) 3/3