Sachin Balaso Khade v. The State Of Maharashtra And Others
.. 1 .. CrAppln.885.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 941 CRIMINAL APPLICATION NO.885 OF 2022 SACHIN BALASO KHADE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Applicant : Shri. S.S. Thombre APP for Respondent / State : Shri. S.S. Dande ...
AND 942 CRIMINAL APPLICATION NO.899 OF 2022 SACHIN BALASO KHADE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Applicant : Shri. S.S. Thombre APP for Respondent / State : Shri. A.V. Deshmukh ...
AND 943 CRIMINAL APPLICATION NO.903 OF 2022 SACHIN BALASO KHADE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Applicant : Shri. S. S. Thombre APP for Respondent / State : Mr. R. V. Dasalkar ...
.. 2 .. CrAppln.885.2022 CORAM :
V. M. DESHPANDE AND SANDIPKUMAR C. MORE, JJ.
Dated :
April 21, 2022 ...
PER COURT :- .
These three applications are filed by the same applicant, who is a Tahsildar of Taluka Georai, Dist. Beed. In Criminal Application No.885 of 2022 he is praying for quashment of the FIR No.85 of 2022, in Criminal Application No.899 of 2022 he is praying for quashment of FIR No.87 of 2022 and in Criminal Application No.903 of 2022 he is praying for quashment of FIR No.86 of 2022. 2.
The learned Counsel for the applicants submits that these three FIRs are nothing but the counter blast to the FIR lodged by the applicant himself with police Station Georai against one Somnath Girge and one unknown person for the offence punishable under Sections 189, 341, 353, 504 and 506 r/w. 34 of the Indian Penal Code.
3.
In these matters, notices were already issued. The Office note shows that in Criminal Application No.885 of 2022 non-applicant no.4 / the complainant is duly served. Similarly, in Criminal Application No.899 of 2022 non-applicant no.4 / original
.. 3 .. CrAppln.885.2022 complainant is duly served. Similarly, in Criminal Application No.903 of 2022 non-applicant no.4 / original complainant is duly served. In spite of service, nobody is appearing for them. The learned Additional Public Prosecutors are appearing for the non-applicant / State in the respective applications.
4.
At the outset, the learned Additional Public Prosecutors submit, on the written instructions received to them, that for filing 'B' Summary, sanction is already granted and it will be filed at appropriate point of time.
5.
In view of the fact that the police are going to file 'B' summary, in our view, at this stage the First Information Reports are liable to be quashed. Accordingly, at this stage the FIRs are quashed. However, it is made clear that the learned Magistrate before whom 'B' summary will be filed, shall permit the complainant to file the protest petition and after giving opportunity of hearing to the parties to the proceedings, shall pass the appropriate order. .
If under protest petition the order is passed against the present applicant, liberty is given to the applicant to file the appropriate proceedings.
.. 4 .. CrAppln.885.2022 6.
With these observations, Criminal Applications are disposed of.
( SANDIPKUMAR C. MORE, J. ) ( V. M. DESHPANDE, J. ) ...
Gajanan