SUBHASH RAMBHAU ATHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed initially for quashing First Information Report vide Crime No.710/2022 dtd. 19/7/2022 registered with Pathardi Police Station and by way of amendment to quash and set aside entire charge sheet and proceedings bearing Regular Criminal Case No.125/2023 pending before learned Judicial Magistrate First Class, Pathardi, Dist. Ahmednagar, for the offence punishable under Sec. 120-B, 506 of the Indian Penal Code, 1860 and Sec. 3 of Official Secrets Act, 1923.

(2.) Heard learned Advocate Mr. A.G. Ambetkar for applicants and learned APP for respondent Nos.1 and 2.

(3.) Learned Advocate for applicants vehemently submits that First Information Report is false and concocted. In fact, applicant No.2 is a Police Constable, presently posted in Mumbai Police, however, his native place is Pathardi. Three persons had illegally trespassed in the house of applicants on 21/4/2022 when they were not at home, however, mother was at home. Those three persons had assaulted and threatened as well as outraged the modesty of mother, however, Pathardi Police Station had registered only non cognizable case on 26/4/2022. When applicant No.1 had questioned as to why only NC case has been registered, Investigating Officer had abused in filthy language and gave ill-treatment to him. Non cognizable offence has also been registered against the said person. Thereafter, applicant No.1 was called by present informant on 2/5/2022 and threatened him to withdraw the complaint filed by the mother and also threatened to lodge a complaint against him under the Atrocities Act. Applicant No.1 had made audio recording in respect of the said threat and made complaint to Director General of Police. Now, with said ulterior motive present First Information Report has been lodged. Since the First Information Report itself is based on concoction and falsity, it deserves to be quashed and set aside.