SANJAY PANDURANG SINGHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure, 1973 ('the Code "), the Applicant seeks quashing of the Criminal Proceedings being CC No.1171/PW/2024, arising out of C.R.No.213 of 2024 registered at Kasturba Marg Police Station, and the order of cognizance dtd. 5/3/2025 passed by the learned Magistrate, 68th Court, Borivali, Mumbai, thereby issuing the process against the Applicant for an offence punishable under Sec. 354 of the Indian Penal Code, 1860 ('the Penal Code').

(2.) Shorn of unnecessary details, the background facts leading to this application can be stated as under :

(3.) The Applicant has preferred this application asserting, inter alia, that the first informant had lodged a report with a view to wreck vengeance. The continuation of the prosecution constitutes abuse of the process of the Court as in the initial non-cognizable report lodged by the first informant, there was no whisper about the alleged act of outraging the modesty of the first informant (R2), attributed to the applicant. As a non-cognizable case for the offences punishable under Ss. 506, 323 of the Penal Code was registered on 12/3/2024, the IO could not have registered FIR and proceeded with the investigation without obtaining the orders of the Magistrate under Sec. 155(2) of the Code, 1973. The initiation of the prosecution was clearly malafide, and, thus, resultant proceeding deserves to be quashed and set aside.