DILIP KEDAR SHUKLA Vs. STATE OF MAHARAHSTRA

JUDGEMENT

(1.) In pursuance of Order dtd. 13/4/2023, Mr. Bhagwan M. Patil, Police Sub Inspector attached to Navghar Police Station, Bhayandar, District Thane, has filed an Affidavit dtd. 20/4/2023. A bare perusal of said Affidavit clearly indicates that, to buttress his mistakes he has committed further blatant mistakes, contrary to the fundamentals of law. Learned A.P.P. is unable to justify his mistakes and in particular recording of second 'main' statement of the victim, which is contrary to the basic provisions of Cr.P.C. and criminal jurisprudence.

(2.) We therefore quash and set aside the said Summary Report dtd. 30/1/2020 submitted by the concerned Investigating Officer before the learned Judicial Magistrate First Class, 5th Court, Thane, as according to us, it is not in consonance with the fundamentals of criminal jurisprudence. The concerned Police Sub Inspector is cautioned not to commit such mistakes hereinafter.

(3.) By the present Petition, the Petitioners i.e. husband, mother-in-law and sister-in-law of Respondent No.2 have prayed for quashing of C.R. No.236 of 2018 registered with Navghar Police Station, Bhayandar, District Thane, under Ss. 498(A), 406, 494, 420, 495 read with Sec. 34 of the Indian Penal Code by consent of Respondent No.2, wife of Petitioner No.1.