LAWS(BOM)-2023-6-975

SUBHASH SHIVBA JADHAV Vs. STATE OF MAHARASHTRA

Decided On June 13, 2023
Subhash Shivba Jadhav Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Admit. Heard finally with the consent of learned counsel appearing for the parties.

(2.) All these applications are arising out of Crime No.597/2021 registered with Police Station Risod, Dist. Washim for the offences punishable under Ss. 307, 326 and 506 r/w Sec. 34 of the Indian Penal Code.

(3.) Three accused of the crime namely; Subhash Shivba Jadhav, Sau. Kusum w/o Subhash Jadhav and Ganesh s/o Subhash Jadhav have applied for quashing on account of false implication and inadequacy of material. It is argued that the existing FIR is outcome of earlier FIR lodged by informant party on 26/07/2021. According to the applicants, in fact, in the concerned incident, they sustained injuries for which injury reports have been produced. According to the applicants, at the behest of informant party, they have been falsely implicated. The State resisted by submitting that these are two counter cases wherein both sides got injured, unless entire material comes before the Trial Court, it cannot be ascertained as to who was aggressor. Learned APP took us through the statement of injured Shubham Jadhav as well as another injured Kamal Jadhav to contend that there are specific allegations against the applicants.