Swapnil Janaba Bokade And ORS. v. The State Of Maharashtra

33. WP 3361.21.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3361 OF 2021 Swapnil Janaba Bokade and Ors.

... Petitioners V/s.

The State of Maharashtra and Anr.

... Respondents Mr. Laxman Kalel for the Petitioners Mr. K.V. Saste, APP for the Respondent - State CORAM : NITIN JAMDAR & SARANG V. KOTWAL, JJ.

DATE : 27 OCTOBER 2021 P.C. :- The learned Counsel for the Petitioner has fairly brought to our notice that the Criminal Writ Petition No. 1705 of 2021, filed in identical fact situation in respect of the same parties, wherein the incident therein was of 10 December 2018, that the Petition was rejected by the order passed by us.

2.

The present FIR relates the incident of 31 October 2019 where again the Petitioners not in breach of the injunction, tried to

33. WP 3361.21.doc harvest the crop but also assaulted the Informant and others with fists and blows and also used a sickle.

3.

The narration in the FIR is clear. The argument of the Petitioner before us even in this matter as to reason for quashing the FIR are on the defence of the Petitioner. It cannot be said that the case is of such nature that no offence is made out. Further, no reason is shown why we should take a different view than order passed in the Writ Petition No. 1705 of 2021.

4.

The present Petition is rejected.

SARANG V. KOTWAL, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date: 2021.10.30 15:27:24 +0530 JYOTI PRAKASH PAWAR