SUNIL RAMARAO PARASKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally by consent of parties.

(2.) By this application under section 482, Criminal Procedure Code read with Articles 226 and 227 of the Constitution of India, the applicant seeks to quash the order of the Judicial Magistrate, First Class, 10th Court, Nagpur in scc No. 681/2004 dated 5-12-2005 rejecting the application of the applicant under section 258, Criminal Procedure Code for stopping the prosecution and the order of the 2nd Ad hoc Additional Sessions Judge, Nagpur confirming the said order in Criminal Revision Application No. 276/2006 on 5-6-2006.

(3.) In order to appreciate the grievance of the applicant it is necessary to see the background of the case in brief: a party was hosted by Police Head Constable to celebrate his promotion. A Khansama was called for cooking food. The said Khansama was subsequently beaten by the policemen who participated in the said party. As a result of the beating the Khansama died. His dead body was brought to the National Highway and left there in order to make a show of accidental death. Initially accidental death under section 174, Criminal Procedure Code was registered at Police station, Buttibori (Nagpur). Subsequently offence under sections 302, 201, indian Penal Code was registered by Nagpur Rural Police. On the request of nagpur Rural Police, investigation was transferred to State CID. The State CID (Crime) , Nagpur investigated into the matter and closed the prosecution in 1995 praying for 'a' Summary. 'a' Summary was granted by the concerned magistrate. Feeling aggrieved by the closer of the case the widow of the said khansama filed Writ Petition No. 294/1996 before this Court. By order dated 14-3-1997 this Court directed that an offence should be registered against the respondents therein and any other persons. This Court also directed CID (Crime) Nagpur to file charge-sheet after completion of investigation within two months. Accordingly charge-sheet came to be filed against those persons for the offence punishable under section 302 of Indian Penal Code. The Additional Sessions judge, Nagpur acquitted the accused therein by judgment dated 31-7-1998.