MUSHTAK ISMAIL SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application is filed under Sec. 482 of the Code of Criminal Procedure, 1973, inter-alia praying for quashing of the First Information Report, bearing No. 561 of 2023 registered on 7/7/2023 with Sangamner City Police Station, Sangamner, District Ahmednagar, for the offence punishable under Ss. 323, 324, 354, 504, 506 read with Sec. 34 of the Indian Penal Code. Subsequently, the application is amended in order to challenge the charge-sheet filed on 27/10/2023 bearing No. 187 of 2023 and Regular Criminal Case No. 511 of 2023, pending on the file of learned Judicial Magistrate, First Class, Sangamner, District Ahmednagar, which is registered pursuant to the filing of the First Information Report.

(2.) It appears from the record that respondent No. 2 had visited Sangamner City Police Station on 3/11/2022, narrating the incident about an assault by applicant Nos. 1 to 4 on the said date. On the basis of information received, the Police Station Officer issued Non Cognizable Report (NCR) dtd. 3/11/2022.

(3.) Respondent No. 2 thereafter filed an application under Sec. 156 (3) of the Code of Criminal Procedure, in the Court of learned Judicial Magistrate, First Class, (Court No. 2), Sangamner on 14/12/2022. In the said application it is stated that although a serious offence was committed by applicant Nos. 1 to 4, the Police Station Officer wrongly registered NCR. It is also alleged that all the facts narrated by respondent No. 2 were not written down by the Police Station Officer. The said application preferred by respondent No. 2, was allowed by the learned Magistrate vide order dtd. 13/4/2023. Pursuant to the said order, the aforesaid First Information Report has been registered.