Atul S/O Namdeorao Wandile And 3 Others v. The State Of Maharashtra Thr. Pso Ps Samudrapur Dist.Wardha And Another

1 912.apl.562.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.562 OF 2024 Atul s/o Namdeorao Wandile and ors ..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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.C. Jaltare, Advocate for the applicants. Ms. Udeshi, Addl.P.P. for the State.

CORAM:

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

DATED :

25/04/2024.

Heard.

2.

This is an application seeking to quash the First Information Report bearing crime No.89 of 2024 registered with the Samudrapur Police Station, District Wardha for the offence punishable under Sections 143, 147, 148, 149, 324 of the Indian Penal Code.

3.

Learned Counsel for the applicants took us through the observations made by the learned Single Judge in paragraph 4 of order dated 14.03.2024 in Criminal Application (ABA) No.150/2024. This Court on perusal of case diary has prima facie observed that, the statements of witnesses never support the case of assualt made by the applicant to the victim by iron rod, but it is a case of slap.

4.

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

5.

In the meantime, investigation may go on but

2 912.apl.562.2024 charge-sheet shall not be filed without obtaining leave of this Court against the present applicants.

(MRS.

VRUSHALI V. JOSHI , J.

) (VINAY JOSHI, J.) Trupti