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Bombay High CourtAPL/701/2024allowed

Umesh S/O Vishnu Dhawade v. The State Of Maharashtra Thr. Pso Ps Tiwasa Tah.Tiosa Dist.Amravati And Another

2024-04-25Hon'Ble Justice Urmila Joshi Phalke2 pages

1 923.apl.701.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.701 OF 2024 Umesh s/o Vishnu Dhawade ..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.D. Dangore, 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 No.484 of 2023 registered with the Tiwasa Police Station, Amravati Rural for the offence punishable under Sections 294, 504 and 506 of the Indian Penal Code.

3.

The applicant would submit that there was a land dispute in between the parties for which proceedings was pending before the Tahsildar. On 06.12.2023, the applicant's father has lodged the report with the Police about the quarrel picked up by other-side. In said report, it is specifically alleged that the informant party gave threats to implicate in false case. On such a background, on the following day, this report has been lodged alleging that the applicant has abused and gave threats. According to the applicant, the contents of the FIR are falsely made to pressurize in the pending proceedings before the Tahsildar.

4.

The applicant also contended that at the time of

2 923.apl.701.2024 alleged occurrence he was at Police Station and not the place where alleged.

5.

Issue notice to the non-applicants, returnable after eight weeks. 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, if already not filed, without obtaining leave of this Court against the present applicant.

(MRS.

VRUSHALI V. JOSHI , J.

) (VINAY JOSHI, J.) Trupti