Bombay High CourtWP/300/2022dismissed

Ananda S/O Totaram Damodar v. State Of Mah. Thr. Pso Ps Ural Tq.Balapur Dist.Akola And 5 Others

2022-05-04Hon'Ble Shri Justice Avinash G. Gharote2 pages

45crwp300,22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 300/2022 Ananda Totaram Damodar...Versus...State of Maharashtra and ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. A.S.Londhe, Advocate for Petitioner Mr. I.J.Damle, APP for respondent No.1.

CORAM : AVINASH G. GHAROTE, J.

DATE : 04/05/2022 Heard learned counsel for the parties.

The petition challenges the order dated 14.12.20 (page No. 36) passed by the learned JMFC, rejecting the application under Section 156(3) of Cr.PC as filed by the present petitioner and so also the judgment in revision dated 23.2.2022 (pg 50).

It is contended by the learned counsel for the petitioner that the averments in the application under Section 156(3) of Cr.P.C. are different from the earlier Crime No. 176/2018 registered with Police Statition, Ural, in respect of which RCC No. 152/2018 is pending before the learned Magistrate, inasmuch as the respondents 2 4, 5 and 6 are not allegedly the party to the aforesaid crime. It is however material to note that FIR in Crime No. 176/2018 is not annexed to the present petition. The impugned order dated 14.12.20 as well as the judgment of the revisional Court

45crwp300,22.odt indicates that the foundation of the application under Section 156(3) of Cr.P.C. filed by the present petitioner is same, as that of RCC No. 152/2018, which has been registered before the learned Magistrate consequent to FIR No. 176/2018. So also the present petitioner as well as Respondent No.4 - Shyam Ramdas Thombre are accused in RCC No. 152/2018. It is therefore clear that no fault can be found as regard the finding rendered by the Courts below that there cannot be two proceedings in respect of the same subject matter and the incident, which had led to the filing of FIR No. 176/2018, in view of which I do not find any fault with the impugned order and the judgment. The petition is therefore devoid of any merit and the same is dismissed.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: