Vikas S/O. Haribhau Mahatme v. The State Of Mah. Thr. The Pi, Ps , Ranapratap Nagar, Nagpur.
2024:BHC-NAG:9429-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APL] No.1558 OF 2023 Vikas s/o Haribhau Mahatme, Age 64 years, Occ : Medical Practitioner, R/o. Central Excise Colony, Ring Road, Chhatrapati Square, Nagpur-440015.
..
APPLICANT .. VERSUS ..
The State of Maharashtra, through the Police Inspector, Police Station, Ranapratap Nagar, Nagpur.
.. RESPONDENT ..........
Shri Varad Kilor, Advocate with Shri A.P. Bhuibhar, Advocate for Applicant, Shri A.B. Badar, Additional Public Prosecutor for Respondent-State. ..........
CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI , JJ.
DATE : AUGUST 20 , 2024.
ORAL JUDGMENT (PER VINAY JOSHI, J.) :
Heard. Admit.
2.
By consent of the learned Counsel appearing for the parties, the matter is taken up for final disposal. 3.
This is an application seeking to quash the criminal prosecution bearing Summary Criminal Case No.5965/2021 pending in the file of the learned Chief Judicial Magistrate, Nagpur arising out of the first information report bearing Crime No.257/2020 registered with Police Station Ranapratap Nagar, District-Nagpur for the offences punishable under Sections 188, 269, 270 of the Indian Penal Code, 1860 read with Section 135 of the Maharashtra Police Act, 1951.
4.
During the pandemic period, the applicant participated in protest raising slogans against the State Government which occasioned to lodge the report against the applicant, who was Member of Parliament.
5.
Learned counsel for the applicant seeks for quashing by placing reliance on the policy decision taken by the Government, Vide resolution dated 20.09.2022, followed by subsequent resolution dated 10.11.2022. By these resolutions, Government has taken a policy decision to withdraw the prosecution in the cases which falls in the requisite criteria provided that the charge-sheets were filed in respective cases till 30.06.2022.
6.
In the case at hand, after completion of investigation, the charge-sheet has been filed on 03.03.2021. It is brought to our notice that vide Government Resolution dated 10.11.2022, it has also been resolved for withdrawal of cases against the Member of Parliament and Member of the Legislative Assembly. As per the Government Resolution dated 20.09.2022, beside other criteria, the permission of this Court is required to withdraw prosecution against Member of Parliament and Member of the Legislative Assembly. In above scenario, the State by reply contended that the case of the applicant falls within the parameters set out in the Government Resolution and
urged to allow the present application.
7.
It is not in dispute that the applicant's case falls within the parameters set out in the Government Resolution dated 20.09.2022. Considering the nature of accusation and the policy decision taken by the Government, we see no difficulty in exercising our inherent jurisdiction. In the circumstances, we proceed to pass the following order.
ORDER
(i) Criminal Application is allowed and disposed of. (ii) Summary Criminal Case No.5965/2021 pending in the file of the learned Chief Judicial Magistrate, Nagpur arising out of the first information report bearing Crime No.257/2020 registered with Police Station Ranapratap Nagar, District-Nagpur for the offences punishable under Sections 188, 269, 270 of the Indian Penal Code, 1860 read with Section 135 of the Maharashtra Police Act, 1951, is hereby quashed and set aside.
JUDGE JUDGE Gulande