JEETENDRA NAVLANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned Counsel appearing for the respective parties, matter is taken up for hearing and disposal, at admission stage.

(2.) The present Application was filed initially, seeking prayer for quashment of the first information report bearing C.R. no. 233/2019 dated 2 3/11/2019 registered Gamdevi Police Station for the offence punishable under Ss. 332, 224, 225, 186, 189, 160, 504, 506, read with 34 of IPC and subsequently, by way of an amendment, the Applicant principally prayed as follows: a. That this Hon'ble Court may pleased to quash the FIR No. 223 of 2019, registered at the Gamdevi Police Station and the charge-sheet bearing no. 216/PW/2021 filed in furtherance of the said FIR for the offences punishable u/s. 332, 224, 225, 186, 189, 160, 504, 506, r/w 34 and Ss. 66(1) and 85 of the Bombay Prohibition Act, 1949 qua the Applicant.

(3.) Mr. Ponda, learned Senior Counsel appearing for Applicant vehemently submitted that the lodgment of the FIR and the proceedings arising out of the first information report against the Applicant, is an act of abuse of process of law and the facts of the present case squarely fall under 7th category as described by the Hon'ble the Apex Court in the matter of State of Haryana and Others Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335 and the action of the Respondent Authorities, is clearly unsustainable.