RAJU ALIAS VISWAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned respective Counsel for the parties. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, taken up for final hearing.

(2.) This is an application preferred by the applicants (original accused) under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the charge sheet bearing R.T.C. No. 93/2010, pending before learned Judicial Magistrate (F.C.), Shevgaon (District: Ahmednagar), for the offences punishable under Sections 143, 147, 148, 149, 326 of Indian Penal Code, and under Section 4/25 of Arms Act, and also under Section 37(1)(3)/135 of Bombay Police Act.

(3.) It is alleged by the respondent no. 2 i.e. original complainant, that the Sub-Divisional Officer has seized storage of sand in September 2009, and Panchanama to that effect was also prepared. At that time, the complainant Amol, and his friends, namely, Mahesh Ramnath Gore, Anil Kundlik Ghortale, Chandrakant Vishnu Wable and Wasim Ansar Shaikh have signed the documents/ Panchanamas. It is alleged that since the said sand belonged to one Nitin Kakde, Mahesh Gore started hunger strike, and at that time, complainant went to meet Mahesh Gore, but Nitin Kakde deterred him. Hence, on 17-9-2009, present applicants assaulted respondent no. 2 i.e. original complainant, and in that attack respondent no. 2 became unconscious. On the basis of said allegations, FIR came to be lodged by respondent no. 2 on 17-9-2009. Copy thereof is annexed herewith at Exhibit "A". Thereafter, the applicants came to be arrested under the said crime, and thereafter they were enlarged on bail. After completion of investigation, charge sheet was filed under R.T.C. No. 93/2010, which was before learned Judicial Magistrate (F.C.), Shevgaon [District: Ahmednagar] for the above referred offences, and said case is pending before the said court.