ANIL SUBHASH PARASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition, the petitioner is seeking quashing of order dated 10/06/2013 passed by the Chief Judicial Magistrate, Gondia and also quashing of Regular Criminal Case No.434 of 2013, insofar as the petitioner is concerned.

(2.) In the present case, an F.I.R. dated 20/02/2013 stood registered against respondent No.2 under section 353, 354 and 504 of the Indian Penal Code (IPC). It was alleged that when respondent No.2 was apprehended for violating traffic rules, he allegedly acted in a manner against a lady Police Constable, which led to registration of the aforesaid offence. It was then alleged by respondent No.2 that when he was apprehended and taken to the Police Station, he was assaulted by Police personnel. On the basis of the aforesaid grievance raised by respondent No.2, a judicial enquiry was initiated and a report dated 04/05/2013 was submitted by the 6th Joint Civil Judge, Junior Division and Judicial Magistrate First Class before the Principal District and Sessions Judge, Gondia.

(3.) After considering the material, the said Magistrate concluded that three Police personnel viz. Goswami, Borkar and Parashar concerned with Ram Nagar Police Station had assaulted respondent No.2.