MUKESH DATTATRAYA MUDGAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit.

(2.) This is an application in terms of Sec. 482 of the Code of Criminal Procedure, requiring this Court to invoke inherent powers to quash the criminal prosecution namely R.C.C.No.1049/2022 pending on the file of Judicial Magistrate First Class, Umred, arising out of first information report bearing Crime No.548/2022 registered with Umred Police Station, District Nagpur for the offence punishable under Ss. 153-A and 295-A of the Indian Penal Code.

(3.) The unusual facts of the case are that on 7/9/2022, the informant Kadir Sheikh casually went to a pan shop, where a nearby resident Aayan Sheikh had forwarded audio call recording of 17.26 minutes on the mobile of the informant through Whatsapp message. The informant heard the said audio recording, wherein one man and a woman were talking with each other on mobile phone. The said man [accused], was talking about some objectionable things against a particular community. The said conversation was approximately of the month of April, 2022. The informant has identified that the woman participating in the conversation was resident of his locality namely Sultana Sheikh, whilst the man saying objectionable things was a local Ex-corporator i.e. the present applicant.