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2023 DIGILAW 114 (BOM)

Vikas Narayan Patil v. State Of Maharashtra

2023-01-09

ABHAY S.WAGHWASE, VIBHA KANKANWADI

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JUDGMENT VIBHA KANKANWADI,J. - By invoking the inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure, the applicants have prayed for quashment of the FIR as well as the proceedings against them. 2. The FIR came to be lodged at the behest of respondent No.2 vide Crime No.43 of 2021 on 3/3/2021 with Bodwad Police Station, Dist. Jalgaon for the ofences punishable under Ss. 354, 448, 327, 147, 149, 143, 323, 504, 506 of Indian Penal Code and under Sec. 135 of the Maharashtra Police Act. After the investigation is over, the charge-sheet came to be fled. 3. Heard learned Advocate Mr. Rohit Patwardhan holding for learned Advocate Mr. Satej S. Jadhav, learned APP Mr. S. D. Ghayal for respondent No.1 - State and learned Advocate Mr. Navin S. Shah holding for learned Advocate Mr. S. S. Patil for respondent No.2. 4. It has been vehemently submitted on behalf of the applicants that the FIR that has been lodged by respondent No.2 is the outcome of retaliation of the FIR that was lodged by Vikas Narayan Patil on 2/3/2021 with the same police station for the ofences punishable under Ss. 143, 147, 149, 448, 427, 323, 504, 506 of Indian Penal Code and under Sec. 37(1)(c) of the Maharashtra Police Act. The cousin brother of said Vikas had love afair with the daughter of respondent No.2 and they both have eloped from the village since 28/2/2021. There was a meeting in respect of that incident at about 10.16 p.m. on 1/3/2021 and when in presence of many persons it was asked as to where the boy has gone and had taken the girl, Vikas and others had claimed ignorance. Thereafter, the meeting was over, yet around 10.40 p.m., the accused persons in Crime No.41 of 2021 went to the house of Krushna Patil - maternal uncle of Vikas and committed the said ofence. Thereafter, the said FIR vide Crime No.43 of 2021 has been lodged with ulterior motive and the entire family has been roped. Many persons have not been assigned any specifc role. Rather, as regards the applicants are concerned, the record would show that many witnesses were not even knowing the full name of those applicants. Statements of the witnesses are also on the same line. Many persons have not been assigned any specifc role. Rather, as regards the applicants are concerned, the record would show that many witnesses were not even knowing the full name of those applicants. Statements of the witnesses are also on the same line. Under such circumstance, it would be a futile exercise to ask all the applicants to face the trial. 5. Per contra, the learned APP as well as learned Advocate appearing for respondent No.2 strongly opposes the application and submitted that perusal of the FIR as well as the statements of witnesses and other material in the charge-sheet would disclose participation of each and every applicant. They had formed unlawful assembly and thereafter the ofence has been committed. Learned Advocate for respondent No.2 has relied on the decision in Padal Venkata Rama Reddy Alias Ramu Vs. Kovvuri Satyanarayana Reddy and Others, [ (2011) 12 SCC 437 ], wherein it has been held that there is no need to analyse each and every aspect meticulously before trial to fnd out whether the case would end in conviction or acquittal. High Court cannot get into meticulous analysis of facts and therefore, this cannot be taken as a ft case for exercising inherent powers of this Court. 6. At the outset, it is to be noted that Crime No.41 of 2021 was in respect of incident that had allegedly taken place on 1/3/2021 at the house of one Krushna Patil. The FIR vide Crime No.43 of 2021 is in respect of the incident dtd. 3/3/2021, which is stated to have occurred in the house of informant i.e. respondent No.2. They cannot be taken as cross cases. Only on the basis of these two FIRs it cannot be opined that Crime No.43 of 2021 is in retaliation to Crime No.41 of 2021. For that purpose evidence is defnitely required to be led or such evidence will have to be brought on record by the accused i.e. the present applicants. Merely because it is connected to eloping of the girl and the boy, they cannot be so connected to infer that it is in retaliation. That incident is only the connecting incident. For that purpose evidence is defnitely required to be led or such evidence will have to be brought on record by the accused i.e. the present applicants. Merely because it is connected to eloping of the girl and the boy, they cannot be so connected to infer that it is in retaliation. That incident is only the connecting incident. As regards the role of each and every applicant is concerned, no doubt most of the witnesses have taken their names and sometimes not even the full names, but they say that they all had come together and entered the house of the informant. Prima facie then there is material to show that they were the members of the unlawful assembly and thereafter the role will have to be attributed to each one of them for other ofences are concerned. When there is prima facie material available, and in view of Padal Venkata Rama Reddy Alias Ramu (Supra), this Court cannot go into the meticulous scrutiny. Therefore, this cannot be taken as a ft case where the inherent powers are required to be exercised. The application stands rejected.