RAHUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 438 of the Code of Criminal Procedure by two of the accused who have been arrayed in the charge-sheet as accused No. 36 and 37 filed in Crime No. 76/2015, registered with Sonpeth Police Station, District Parbhani, for the offences punishable under Section 307 , 143 , 147 , 148 , 149 , 353 , 332 , 336 , 427 , 454 , 435 , 436 , 324 , 323 , 504 and 506 of the Indian Penal Code, under Section 7 of Criminal Law (Amendment) Act, 1932, under Section 3 & 7 of Prevention of Damage to Public Properties Act, 1984, and under Section 135 of the Maharashtra Police Act.

(2.) In short the facts leading to the filing of this application are to the effect that a raid was effected on a shop owned by one Murlidhar Hake on 08.07.2015 and some packets of Gutkha were seized. On the next day his son Vitthal committed suicide. The villagers perceived that he had committed suicide due to police persecution. On 09.07.2016 some Municipal Councillors went to the police station with a mob of 40 to 50 people and insisted for registering a crime for leading Vitthal to commit suicide. When they were busy in arguing with the police, a mob of 500 to 600 persons gathered. They indulged in stone pelting on the police station. The applicant No. 1 and few other accused then set the motor cycles on fire. Thereafter the mob went to the quarter of the P.S.I. behind the police station. They set his car on fire. The locked door was broke opened. Some persons went inside and brought a gas cylinder and caused a blast. After ransacking the quarter, damaging the public and private property the mob left. It is alleged that the applicants were the members of that unlawful assembly and have actively taken part.

(3.) Only some of the accused could be arrested and were charge- sheeted. The applicants could not be arrested and the charge-sheet was filed under Section 299 of the Code of Criminal Procedure as against them.