SANDIP NAMDEO KAKDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri A. A. Dhawas, learned counsel for the applicant and Shri S. S. Doifode, learned APP for Non-applicant No.1-State.

(2.) By this application, applicant is seeking quashing of FIR dtd. 08/03/2015 and the charge sheet dtd. 13/06/2015, as also Summary Criminal Case No.1106/2015 pending against the applicant. This pertains to the offences punishable under Ss. 143 and 341 of the Indian Penal Code (IPC) read with Sec. 135 of the Maharashtra Police Act, 1951.

(3.) The principal contention raised on behalf of the applicant is that the oral report lodged by the police personnel dtd. 07/03/2015, led to the registration of FIR named as many as 12 persons, but the name of applicant was not stated therein. The alleged incident concerned blocking of traffic and movement of persons being restrained, as a consequence of the accused persons allegedly forming an unlawful assembly, in the backdrop of an accident in which a person riding on a bicycle was killed. It was stated in the oral report that the persons named therein had gathered and indulged in the said activity when the truck had mowed down the cyclist. The driver and owner of the truck were restrained and the road was blocked.