Prashant Bapusaheb Shelake And Others v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 931 CRIMINAL APPLICATION NO. 3184 OF 2024 Prashant Bapusaheb Shelake & others ....Applicants

VERSUS

The State of Maharashtra & another .....Respondents .....

Mrs. S. G. Sonawane, Advocate for Applicants. Mr. A. M. Phule, APP for the State.

CORAM : SMT. VIBHA KANKANWADI & S. G. CHAPALGAONKAR, JJ.

DATE : 21st AUGUST, 2024.

PER COURT :

1.

Present Application has been filed for quashing of First Information Report vide C.R. No. 926/2023 registered with Sangamner City Police Station, Tq. Sangamner, Dist. Ahmendagar for the offences punishable under Sections 327, 354-B, 323, 504, 506 read with Section 34 of Indian Penal Code, on 14.11.2023, at the behest of Respondent No. 2.

2.

Heard learned counsel for the Applicants and learned APP for Respondent No. 1.

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It is not even necessary to issue notice to Respondent No.

2. Taking into consideration the contents of First Information Report as well as grounds raised, at the most, it can be observed that there is civil dispute between Respondent No. 2 and the Applicant's father in respect of immovable property. However, as regards the other grounds raised in the Application, they are infact the defence of accused/Applicants and they will have to be proved at the time of trial and therefore, no case is made out for exercising powers under Section 482 of Code of Criminal Procedure.

4.

Application stands rejected.

(S. G. CHAPALGAONKAR) ( SMT. VIBHA KANKANWADI ) JUDGE JUDGE dyb