Swapnil Rameshkumar Kale v. The State Of Maharashtra Thr. Pso, Ps, Shirpur, Dist. Washim And Another

1 914 apl 1024-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.1024/2024 Swapnil Rameshkumar Kale Vs.

State of Maharashtra, thr. P.S.O., P.S. Shirpur, Dist. Washim and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Sirpurkar, Advocate for applicant Shri N.H. Joshi, APP for respondent No.1/State CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ..

DATE D : 07/08/2024 Heard.

2.

This is an application seeking to quash the chargesheet arising out of Crime No.40/2024 registered with Police Station Shirpur, District Washim, for the offences punishable under Sections 143, 147 and 149 of the Indian Penal Code and Section 135 of the Maharashtra Police Act.

3.

The police officer has lodged a report stating that followers of particular community had launched the march, in which, there was a rucksack. It is stated that there were several persons participated in the march including the applicant and thus they have committed the offence of forming unlawful assembly with common object and breach of public orders.

4.

It is applicant's contention that he does not belong to said community nor was present at relevant time. It is submitted that the entire chargesheet does not specify role

2 914 apl 1024-2024 to the applicant.

5.

Issue notice for final disposal to the respondents, returnable after two weeks.

6.

Shri N.H. Joshi, learned APP waives notice for respondent No.1/State.

7.

Since there are no personal allegations against respondent No.2, the learned APP for State can appear and defend on behalf of respondent No.2 who has been made party only because he has lodged the First Information Report.

(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 07/08/2024 18:19:45