Vickybaba Prakash Patil v. The State Of Maharashtra Thr. Officer In Charge Of Narkhed Ps, Nagpur And Another

2025:BHC-NAG:1566-DB 1 apl 1091.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APL) No.1091/2024 Vickybaba V State of Maharashtra thr PSO PS Narkhed, Nagpur and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. Shakya, Advocate for applicant.

Ms M. Deshmukh, APP for State.

Mr. A.V. Karnavat, Advocate for non-applicant no.2. CORAM : Nitin B. Suryawanshi & Pravin S. Patil, JJ.

DATE : 10-02-2025.

This application is filed under Section 482 of the Code of Criminal Procedure for quashing of First Information Report (FIR) at Crime No.172/2020 registered with Narkhed Police Station, District Nagpur for offence punishable under Sections 323, 504, 506 r/w 34 of Indian Penal Code, Section 4/25 of Indian Arms Act and 135 of Maharashtra Police Act and proceeding in case of Regular Criminal Case No.283/2020 pending before learned Judicial Magistrate First Class, Narkhed, Nagpur, registered at the instance of non-applicant no.2. ii.

Heard learned Advocate for applicant, learned APP for State and learned Advocate for non-applicant no.2. iii.

Learned Advocate for applicant strenuously argued that provisions of Section 4/25 of Indian Arms Act are not

2 apl 1091.24.odt applicable to the case of applicant. He states that applicant is a graduate person and has applied for various jobs and this case is coming in his way in securing employment. He, therefore, seeks quashing of prosecution.

iv.

Learned APP and learned Advocate for non-applicant no.2, on the other hand, opposed application. During the course of arguments it is transpired that trial has commenced and so far prosecution has examined six witnesses.

v.

In view of the fact that trial is going on and six witnesses are already examined, we are not inclined to go in to the merits of the matter. The application is therefore dismissed. (Pravin S. Patil , J.

) (Nitin B.

Suryawanshi , J. ) Deshmukh