MOHD. BIN SAEED BIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally with the consent of learned Counsel for the parties.

(2.) This is an application under Sec. 482 of the Code of Criminal Procedure for quashing Chargesheet No. 2 of 2020 filed before J.M.F.C. Pathri, which upon committal is registered as Sessions Case No.248 of 2022 pending on the file of Ld. Addl. Sessions Judge, Parbhani. The aforesaid proceedings arise from Crime No.362 of 2020 registered with Pathri Police Station, for the offences punishable under Ss. 307, 353, 186, 201, 216, 504 and 506 read with Sec. 34 of Indian Penal Code and Ss. 3, 4 and 25 of the Indian Arms Act. FACTS IN BRIEF :

(3.) The genesis of this crime was an altercation between the Applicant no.1 and Respondent no.2 over parking of a vehicle by the Applicant no.1 in front of the house of the Respondent no.2, which subsequently led to the Applicant no.1 abusing and threatening to cause death of Respondent No.2 followed by firing of revolver in air. The aforesaid incident occurred on 8/9/2020 at about 11.00 p.m. The Respondent no.2 lodged the First Information Report on 9/9/2020 at about 1.00 a.m., alleging that the Applicant no.1 had attempted to cause his death. The police officer on duty made an entry in the station diary and as per the instructions, the API attached to the concerned police station along with the police team, went to the place of the incident in search of the Applicant no.1. It is alleged that the Applicant no.2 did not allow to take search of the house and threatened by saying "???????? ??? ????? ?? ??? ???? " ("beware if you touch the door") and prevented the police team from taking search of the house and thus, obstructed them from discharging their lawful duties. The police took the Applicant no.2 in custody and on taking his personal search, a Khanjir was found on his person. It is further stated that one sword was also recovered from the car which was parked near the house of the Applicant no.2. It is further alleged that the Applicant nos.3, 4 and 6 assisted and aided the Applicant no.1 from fleeing away from the place of the incident by the car bearing registration No. MH-01-AX-4952; whereas, the Applicant no.5 is alleged to have removed the car bearing registration No.MH-21-C-2374 from the place of the incident and thus destroyed the evidence. On the basis of these allegations, the aforesaid crime came to be registered.