Murlidhar S/O. Dhanrajaji Bhattad And Others v. State Of Maharashtra Thr. Police Station Officer Police Station Gadchiroli And Another
0407apl608.17 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.608 OF 2017 (Murlidhar s/o Dhanrajaji Bhattad and others vs. State of Maharashtra and another) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
Shri G.N. Khanzode, Advocate for applicants.
Shri J.Y. Ghurde, Additional Public Prosecutor for respondent no.1.
Shri V. Dahat, Advocate for respondent no.2.
-------- CORAM : P.N. DESHMUKH AND M.G. GIRATKAR, JJ.
DATED : JULY 4, 2018 This application is filed by applicants/ accused for quashing of First Information Report No.3162/2016 registered for the offences punishable under Sections 294, 504 and 506 read with Section 34 of Indian Penal Code at Police Station, Gadchiroli. Record reveals that by order dated 5/9/2017 directions were issued not to file charge-sheet though there was no stay to investigation. However, learned Counsel for the parties make a statement that before passing of such order, charge-sheet was already filed before competent Court on 23/8/2017, i.e. prior to passing of restrainment order as aforesaid.
On earlier date, matter was adjourned to enable learned Counsel for applicants to seek instructions for taking appropriate steps by filing application for discharge before competent Court. Learned Counsel for applicants makes a statement that he has not received any instructions and submits that
0407apl608.17 2/2 appropriate orders may, therefore, be passed. The offences registered against applicants are under Sections 294, 504 and 506 read with Section 34 of Indian Penal Code. The facts leading to registration of first information report are that applicant no.1 is a retired Branch Manager of Cooperative Bank and applicant nos.2 and 3 are indulged in business of sale of confectionery and for that purpose, are required to remain out of their home till late evening. Nonapplicant no.2 is residing opposite to the house of applicants and there appears to be some issue of drainage line being constructed in between the house properties and on that aspect, relationship between nonapplicant no.2 and applicants are strained, which has resulted into filing of report, on the basis of which aforesaid offences came to be registered.
Having considered the nature of offences, this Court does not find it proper to go through all the documents filed along with charge-sheet, which recourse can very well be adopted by learned trial Court in the event application for discharge is filed by applicants. In that view of the matter, we pass following order : The criminal application is dismissed with liberty to applicants to file application for discharge before competent Court, if found necessary.
JUDGE JUDGE khj