RAJENDRA BHAU PATOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this Petition, we are required to decide the prayer for quashing of FIR made by the Petitioner/accused who is yet not arrested. "The averments "in the FIR" are the only criterios or whatever "material collected during investigation" is the relevant criterio for quashing" is the predominant issue to be addressed in this Petition.

(2.) The Petitioner filed an application for grant of protection from arrest in connection with an offence registered at C.R. No.512 of 2021 under Ss. 307, 324, 323, 509, 504, 506(2), 143 144, 147, 148, 149 of Indian Penal Code and Ss. 4, 25 of Arms Act along with Ss. 37(1) read with Sec. 135 of Bombay Police Act lodged at Mankhurd Police Station. It was registered on the complaint of Sunil Muralidhar Sathe. Apprehending arrest, the Petitioner approached the City Civil Court, Mumbai. Initially, he could got interim protection from arrest as per Order dtd. 26/8/2021. However, he was not successful in securing an Order of confirmation for the reason that Additional Commissioner of Police Mumbai have granted approval under Sec. 23 of the provisions of Maharashtra Control of Organized Crime Act, 1999 (MCOC Act).

(3.) That is how the Petitioner approached this Court. He made prayer thereby challenging constitutional validity of Sec. 21(3) of the said Act and also made a prayer for setting aside the Order dtd. 28/9/2021. However, when this Court has raised serious doubt about those prayers in the Order dtd. 21/12/2021, the Petitioner deleted those prayers and inserted prayer for quashing of FIR and quashing of approval dtd. 28/9/2021. On this background, we have heard Mr.Girish Kulkarni, learned Counsel for the Petitioner and Mr. J.P. Yagnik, learned APP for Respondent No.1-State.