Swapnil Ramesh Pawar v. State Of Mah. Thr. Pso Ps Pusad Dist.Yavatmal And Another

1 911.apl.118.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.118 OF 2024 Swapnil Ramesh Pawar ..vs..

State of Maharashtra and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.R. Vyas, Advocate for the applicant.

Mr. Khan, Addl.P.P. for the State.

CORAM:

VINAY JOSHI AND MRS.VRUSHALI V. JOSHI , J J.

DATED :

23/01/2024.

Heard.

2.

This is an application seeking to quash the First Information Report bearing Crime No.667 of 2023 registered with the Pusad City Police Station District Yavatmal for the offence punishable under Sections 323, 504, 506 of the Indian Penal Code, Sections 3(1)(r), 3(1) (s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

3.

The informant a person belonging to scheduled caste lodged a report alleging that at the relevant time the applicant abused him in the name of caste within the public view as well as gave threats and therefore, the report.

4.

It is the applicant's contention that the informant is a Journalist and in order to extort money, he has levelled false allegations. The applicant has produced a copy of FIR lodged by him on the same day alleging that the informant has raised monetary demand of Rs.20,000/- for not publishing a news about the applicant's sub-standard road construction work. Learned

2 911.apl.118.2024 Counsel for the applicant has produced the document to show that the informant is in habit of making complaints against government officers and after negotiation used to withdraw the same. Precisely, it is contended that the informant under guise of journalist used to threat and extort money from the contractors and government officers.

5.

Issue notice to the non-applicants, returnable on 05.03.2024. Learned Addl.P.P. waives notice on behalf of the State.

6.

In the meantime, investigation may go on but charge-sheet shall not be filed without obtaining leave of this Court.

(MRS.

VRUSHALI V. JOSHI , J.

) (VINAY JOSHI, J.) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 23/01/2024 15:27:34