SMITA Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) This Criminal Application under Section 482 of Criminal Procedure Code is filed praying for quashing and setting aside the Charge sheet in Sessions Case No. 47/2013 pending on the file of Additional Sessions Judge, Nilanga, District Latur, pursuant to crime No. 46 of 2013 registered with Nilanga Police Station, District Latur, for the offence punishable under Section 363, 366 and 376 read with Section 34 of the Indian Penal Code. At the outset learned Counsel appearing for the applicant submits that, in all there are 6 accused persons including the present applicant herein against whom the First Information Report was registered on 25.04.2013 by the respondent complainant. It is submitted that, out of 6 accused, two co-accused persons namely Bharat Karbhari Vitkar and Anjali Bharat Vitkar have filed Criminal Application No. 5886/2013 before this Court for quashing and setting aside the charge sheet in Regular Criminal Case No. 160/2013 and said Criminal Application is allowed by this Court vide order dated 27.03.2014. He further submits that, overt act attributed to the present applicant is similar like applicants in Criminal Application No. 5886/2013. The learned counsel invited our attention to the averments made in the application, grounds taken in the application and submits that, application deserves to be allowed.

(2.) The learned Additional Public Prosecutor invited our attention to the affidavit filed on behalf of respondent No. 1 and submits that application may be rejected.

(3.) We have given careful consideration to the rival submissions made by the learned counsel appearing for the parties and with their able assistance, we have perused the grounds taken in the application, annexure thereto, reply filed by respondent State and the order passed by this Court in Criminal Application No. 5886/2013 on 27.03.2014. We have carefully perused the allegations in the First Information Report and also the statements of the witnesses. We are convinced that, on the same set of allegations -- material against the co-accused namely Bharat Karbhari Vitkar and Anjali Bharat Vitkar, this Court allowed their application. The order passed by this Court in Criminal Application No. 5886/2013 [Bharat Karbhari Vitkar & another Vs. The State of Maharashtra & another] dated 27th March, 2014, reads thus: