Dadasaheb Chandrabhan Jadhav And ANR v. The Senior Police Inspector And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 255 OF 2026 Dadasaheb Chandrabhan Jadhav And Anr.
...Petitioners
Versus
The Senior Police Inspector And Anr.
...Respondents
Mr. Rajesh Jadhav, for the Petitioners.
Ms. P. N. Dabholkar, APP for the Respondent - State. Constable Bhaskar Barate, Nandgaon Police Station, Nashik is present.
CORAM:
ASHWIN D. BHOBE, J.
DATED:
27th JANUARY, 2026.
PC:- 1.
This Petition filed under Article 226 of the Constitution of India and Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS") is preferred against the FIR bearing No. 529 of 2023 registered at the Nandgaon Police Station, Nandgaon District, Nashik ("impugned FIR") against the Petitioners for the offences punishable under Sections 326, 323, 504, 506 and 34 of the IPC.
2.
Impugned FIR is registered on the basis of the complaint lodged by the Respondent No. 3 (Archana Balasaheb Jadhav). Complaint dated 15th November, 2023 reads as follows: " दि.
असल्यानेपोलीसांनीमलामेडीकलयाीदिल्यानेआम्हीनांगावग्रामीण रुग्णालयतसेचसामान्यरुग्णालयमालेगावयेथेउपचारकरूनसध्या खाजगीवाखाण्यातउपचारघेवूनआजरोजीमलाबरेवाटूलागल्यानेमी उपचाराचेकाग पत्रघेवुनपोलीसस्टेशनयेथेआलेआहेम्हणूनमाझी1) ाासाहेबचंद्रभानजाधव2) आशाबाईाासाहेबजाधव3) गणेश ाासाहेबजाधव4) राजेंद्राासाहेबजाधवसव; रा.रा.
गोंडेगावता.
नांगावजिज.
नाशिशकयांचेदिवरूध् दिफया; आहे."
("emphasis supplied.") 3.
Records placed in this Petition indicate that the Respondent No. 3 was referred to Medical examination on 7th November, 2023 at 8:00 pm. Injury Certificate issued by the Medical Officer, Rural Hospital Nandgaon (at page 76 of the petition paper book) reads as follows:- Sr Type of Injury Site & Size Probable Age of Injury Type of Weapon Nature
1) Swelling & Contasion formed on Lt hand middle finger not able to move Orthopedic opinoin from Dr.
Chouradia Navakar Hospital Malegaon on 08/11/2023 shows rupture of tendon at back of DP Hand Lt Hand Within 6hr Hard Blunt Object Grieveous Injury Sd/- Certificate Received by Sd/- Medical officer Rural Hospital, Nandgaon 4.
Mr. Rajesh Jadhav, learned Advocate appearing for the Petitioners submits that the impugned FIR is false. He submits that the impugned FIR is a counterblast to a complaint filed by the Petitioners which is
registered as FIR bearing No. 0525 of 2023 registered on 12th November, 2023 which is at at page 23 of the petition paperbook. He submits that the Petitioners have obtained photographs under the Right to Information Act, 2005 (for short "RTI Act"), which are produced on record at page nos. 50 to 56 of this petition. He by referring to the said photographs submits that the Petitioners were not at the place of incident on 7th November, 2023. He therefore submits that the impugned FIR be quashed.
5.
Ms. Dabholkar, learned APP appearing for the Respondent - State submits that the impugned FIR clearly discloses the offence committed by the Petitioners. She submits that the FIR bearing No. 0525 of 2023 registered at the instance of the Petitioners on 12th November, 2023 is an after thought. She by referring to the Medical Certificate of the Petitioners dated 7th November, 2023 submits that the nature of injury sustained by the Petitioners is referred to as 'Simple Injury'. She submits that the photographs (at page nos. 50 to 53) neither bear any stamp of any public authority nor have the Petitioners produced any material on record to show that the same have been obtained under the provisions of RTI Act. At any rate she submits that the said photographs and they
which are produced for the first time before this Court are disputed by the prosecution.
6.
Perused the records with the assistance of the Advocates. 7.
In the instant case, the allegations made in the complaint / impugned FIR and the material in the form of Injury Certificate of the Respondent No.3 issued by the Medical Officer, Rural Hospital Nandgaon, taken at their face value and accepted in their entirety prima facie constitute the offence and makes out a case against the Petitioners. 8.
The Hon'ble Supreme Court in the case of Muskan vs. Ishaan Khan (Sataniya)1 in paragraph No. 22 has observed as under:- "22. On the aspect of the powers of the Courts under Section 482 of the Cr. P.C., it is settled that at the stage of quashing, the Court is not required to conduct a mini trial. Thus, the jurisdiction under Section 482 of the Cr. P.C. with respect to quashing is somewhat limited as the Court has to only consider whether any sufficient material is available to proceed against the accused or not. If sufficient material is available, the power under Section 482 should not be exercised."
9.
Contentions of Mr. Rajesh Jadhav, of the FIR being false or the or that the impugned FIR being a counterblast or that the photographs produced by the Petitioners show the Petitioners not being present at the 2025 SCC OnLine SC 2355.
place of incident are disputed questions of facts and are in the nature of a defence of the Petitioners.
10.
Considering the overall circumstances leading to the registration of the impugned FIR and the material placed on record, no case for interference in exercise of jurisdiction under 528 of BNSS or Article 226 of the Constitution of India is made out. This petition is without merits, as such dismissed. There shall be no orders as to costs. (ASHWIN D. BHOBE, J.) {