SANDEEP MADHUKAR RAJGURU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the counsels for the parties, heard finally.

(2.) This application under section 482 of the Code of Criminal Procedure, 1973 (the Code) is preferred to quash and set aside the prosecution, bearing C.C.No.918/PW/2013 pending on the fle of learned Additional Chief Magistrate, Vikhroli, Mumbai arising out of F.I.R. bearing C.R. No. 289 of 2012 registered with Pant Nagar police station, Ghatkopar for the offences punishable under sections 324, 326, 143, 146, 147, 148, 149 of Indian Penal Code, 1860 (the Penal Code) dated 8th November, 2012 at the instance of respondent No. 2-frst informant, qua the applicant/accused No.

(3.) The indictment against the applicant/co-accused is that on 7th November, 2012 at about 9.30 p.m. the frst informant Shrikant Phalke and other members of the group of Bhimshakti Mitra Mandal had assembled at Phule Shahu Shatabdi ground to plan the organization of gathering on the eve of Dipawali. On the night intervening 7th and 8th November, 2012 at about 1.00 am while the equipment and articles were being unloaded from a truck, the members of another group Bal Mitra Mandal came thereat. An altercation incisive. The members of the rival group including the applicant and co-accused assaulted the frst informant and the injured witnesses namely Avinash Mane, Nitin, Pravin Rokde and Sujit Ushire by means of stumps and sharp weapons. The frst informant sustained a bleeding injury. He and the rest of the injured were shifted to hospital. The frst informant thereafter lodged report leading to C.R. No. 289 of 2012 for the aforesaid offences. Post completion of investigation, chargesheet came to be lodged against the applicant and the co-accused.