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2015 DIGILAW 419 (BOM)

Arun Pralhad Magar v. State of Maharashtra

2015-02-10

A.B.CHAUDHARI, P.N.DESHMUKH

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JUDGMENT : A.B. Chaudhari, J. 1. Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel for the parties. Perused the FIR No. 251 of 2014 dated 8th of November, 2014 registered by Police Station, Risod, Distt. Washim for the offence punishable under Sections 307, 143, 148, 149 of the Indian Penal Code. 2. The applicants as well as non-applicant No. 2 are present before the Court. The non-applicant No. 2 is represented by counsel Ms. Sonali Khobragade. 3. Facts show that complainant/non-applicant No. 2 had been assaulted by the applicants in 'Palace Wine Bar' in the evening at 5.00 p.m. and as such he ran away and reached the Police Station concerned. He was followed by the applicants who came by riding motorcycle and with a view to assault the complainant in the Police Station with iron pipes, they entered the Police Station, Risod. In the Police station, in the presence of police staff, they gave some blows of iron pipes to him but due to intervention of Police officials, he was saved. However, glass on the table was broken. Accordingly, Police Station Risod registered F.I.R. under Sections 307, 143, 148, 149 of the Indian Penal Code and under Section 135of the Bombay Police Act. 4. From perusal of the FIR, prima facie we find no offence under Section 307 of the Indian Penal Code can be said to have been made out. However, we find that there is offence of unlawful assembly which came to the Police Station and committed ruckus in the Police Station. We are more worried about the nuisance and ruckus that was made in the Police Station by the applicants rather than the complainant since there is a clear cut rowdyism demonstrated by the applicants that too in the Police Station. This shows the level of the rudeness that is increasing in the society and the fear of the police is slowly decreasing. Be that as it may, now, since the complainant wants to withdraw his complaint or rather compound the offence and in view of the fact that we find that no offence under Section307 of the Indian Penal Code is actually made out, we think the compounding can be allowed only with the applicants and non-applicant No. 2 paying not less than a sum of Rs. 50,000/- to the Government of Maharashtra in the Home Department in order that the applicants as well as non-applicant No. 2 himself should learn the lesson not to create ruckus, though we are not sure about it. We think, in view of above discussion, following order will sub-serve the interest of justice. ORDER Criminal Application (APL) No. 67 of 2015 is allowed. Rule is made absolute in terms of prayer Clause (i) of the application subject to all the applicants and non-applicant No. 2 together paying or depositing Rs. 50,000/- with the office of Superintendent of Police, Washim on or before 24th of February, 2015. If there is default in depositing the amount as above, the Police Station Officer, Risod shall arrest all the applicants thereafter and report to this Court. In addition, costs of this petition of Rs. 5000/- shall be paid to the office of Superintendent of Police, Washim during the said period. Affidavit and undertaking of all the applicants shall be filed to this court that hereinafter they will not enter into such act of rowdyism. Affidavit be filed within two weeks from the date of this order.