CHATRABHUJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present application filed under Sec. 482 of the Code of Criminal Procedure, the applicants are praying for quashing of FIR bearing Crime No. 25/2021 registered with Sirsala Police Station, Taluka Parli (Vaijnath), District Beed, for the offences punishable under Ss. 394, 336, 506 read with 34 of the Indian Penal Code.

(2.) The respondent No. 2 has lodged report which is registered as Crime No. 25/2021. The FIR states that the Informant has 7 acres land in Jaigaon Shiwar, Tq. Parali (Vaijnath) in Gut No. 164. he used to reside at agricultural land by constructing small house. All household articles like Cupboard, TV, etc., are kept in house. During night time he used to stay there for protection of field. On 23/2/2021 at about 12:45 a.m. while informant was in sleep at his farm, dogs were barking loudly. Due to said noise, he woke up and at that time he saw that accused / applicant Nos. 1 and 2 and one person looking like Tanhaji and one unknown person came to them by taking sickle and knife. They have demanded keys of cupboard by threatening him by sickle and knife. When he refused to do so, it is alleged that Shivaji Shinde attempted to attack on informant with knife on his stomach which he was able to save himself from the attack of the knife blow. He received attack of knife blow below head of left side under ear. Chhatrabhuj kept sickle over his throat and those two unknown persons took keys from his pockets by holding him and forcibly took cash of Rs.20,000.00 which were notes of rupees five hundred; and ornaments worth of Rs.6,000.00 viz. earrings of women from the cupboard. On hearing the shouts of informant's, one Manikrao Khandekar and his brother came there. Accused persons started pelting stones with an intention to threat the people so that nobody should follow them. After that informant went to lodge complaint to Police Station along with his son. There was injury to his head hence medical memo was given to him. After returning back from treatment, he has given the complaint which is registered as FIR No. 25/2021.

(3.) The applicants being dissatisfied by registration of FIR No. 25/2021 against them, the applicants have filed this criminal application under Sec. 482 of the Criminal Procedure Code, before this Hon'ble Court for quashing of the FIR. The applicants case is that the FIR No. 25/2021 came to be registered as a counterblast to an earlier FIR No. 26/2021 which is registered by the wife of applicant No. 1 against the informant.