Ramesh S/O. Tulshiram Shebe And One v. State Of Maharashtra Thr. Its Secretary, Ministry For Home, And Othr.

apl1125.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.1125/2018 Ramesh s/o Tulshiram Shebe and anr. .vs. State of Maharashtra through its Secretary, Ministry for Home, Mantralaya, Mumbai and Ors. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. J. M. Gandhi, Advocate for applicants.

Mr. T. A. Mirza, A.P.P. for non applicant nos. 1 and 2. Mr. N. S. Khubalkar, Advocate for non applicant no.3. CORAM : V. M. DESHPANDE & AMIT B. BORK AR, JJ.

DATED : MARCH 24, 2022.

Heard Mr. Gandhi, learned counsel for applicants. By this application under Section 482 of the Code of Criminal Procedure, the applicants are praying that First Information Report in Crime No.0129/2016 under Sections 325, 294, 506 read with Section 34 of the Indian Penal Code registered against them with Police Station, Pusad along with charge-sheet be quashed. The report was lodged by non applicant no.2. He also submits that in fact he is the victim and he has lodged report against non applicant no.2 and that report is still pending.

It is the submission of learned counsel for the applicant that the applicants are falsely implicated in crime. To counter this submissions, learned A.P.P. has invited our attention to page no.164, which is discharge summary issued by MDR Multispeciality Hospital, in which the doctor has observed that there was a fracture and multiple bruises were

apl1125.18.odt sustained by the non applicant no.2. The said certificate prima facie clearly shows that the police has not wrongly applied provisions of Section 325 of the IPC. Insofar as the truthfulness or otherwise is concerned, it will be always open for the applicants to adduce appropriate evidence before the Court during the trial. No case is made out. The application is, therefore, rejected.

JUDGE JUDGE kahale ARVIND KAHALE 15:19