Sanket S/O Bharat Gaikwad v. The State Of Maharashtra Through Pso Bajaj Nagar Ps Nagpur And Another

1 12.13.apl.278.2024.279.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.278 OF 2024 Gita d/o Bhaskar Shejwal ..vs..

State of Maharashtra and anr AND CRIMINAL APPLICATION NO.279 OF 2024 Sanket s/o Bharat Gaikwad ..vs..

State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Shashank Manohar, Advocate h/f Shri S.P. Sonwane, Advocate for the applicant. (APL No.278/2024) Shri S.S. Doifode, Addl.P.P. for the State. (APL No.278/2024) Shri Shashank Manohar, Advocate h/f Shri Aquib Haque, Advocate for the applicant (APL No.279/2024) . Shri Ghurde, Addl.P.P. for the State. (APL No.279/2024)

CORAM:

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

DATED :

16/02/2024.

On oral request, the applicants are permitted to amend the applications to clarify on certain aspects. 2.

Amendment be carried out within one weeks and copy of the amended applications be supplied on other side.

3.

Heard.

4.

Both applicants are seeking to quash the First Information Report bearing Crime No.7 of 2024 registered with the Bajaj Nagar Police Station, Nagpur City for the offence punishable under Sections 307 of the Indian Penal Code, Sections 25 and 3 of the Arms Act.

2 12.13.apl.278.2024.279.2024 5.

The Police Inspector has lodged the report against unknown assailant alleging that a bullet has been fired at the leg of the applicant Sanket, and thus, it is a case of attempt to commit murder. The FIR is against the unknown persons however later on, the Police have arraigned both applicants as an accused for what reason that is not evident from the police papers at this stage. 6.

Learned Counsel Shri Manohar took back to the history that on 07.05.2022 on the date of occurrence applicant Sanket sustained bullet injury at his leg. Sanket claims that by fall of revolver accidentally bullet came out causing injury at his leg. Immediately, he has informed the occurrence to another applicant Gita and someone who shifted him to the Hospital. The matter is inquired by the Police and ultimately, the closure report had been filed on 14.11.2022. On such a background, after one and half year another Police Officer suspecting foul play had registered a crime for the same incident. This time alleging attempt to commit murder by some unknown.

7.

Learned Counsel Shri Manohar primely objected to the tenability of registration of crime since already the same incident was investigated and closure report has been filed. Secondly, it is argued that out of departmental rivalry the old occurrence has been capitalized to settle the score.

8.

Issue notice to the non-applicants, returnable on 01.04.2024. Learned Addl.P.P. waives notice on behalf of the State.

3 12.13.apl.278.2024.279.2024 9.

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: 17/02/2024 11:18:56