DEVSING KIRTA VALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Revision petitioners have invoked Sec. 397 read with 401 of the Code of Criminal Procedure (the Cr.P.C.) for challenging order dtd. 14/7/2023 passed by learned Additional Sessions Judge, Shahada, Dist.Nandurbar, on application Exh.51 in Sessions Case No.66 of 2018 thereby refusing to discharge revision petitioners from offence under Ss. 307, 353, 332, 333, 143, 147, 149, 186, 109, 504 of the Indian Penal Code and under Sec. 37(1)(3), 135 of the Maharashtra Police Act, registered at Taloda Police Station, District Nandurbar.

(2.) Learned counsel for the revision petitioners pointed out that, revision petitioners are falsely implicated. Names of none of the petitioners are reflected in the FIR, even their roles are not distinctly stated in the FIR. According to him, names of revision petitioners have surfaced only after first remand of some arrested accused. That, merely because revision petitioners were present at the scene of occurrence where there was crowd of 100-150 people indiscriminately revisions petitioners are also named at subsequent point of time as accused. According to him, in entire chargesheet, there is no incriminating material against revision petitioners. That, statements of witnesses are on hearsay information. That, most of the statements are of Police officials and Government officials. Thus, according to him, there is no material either to frame charge or conduct trial. However, all such aspects are not considered and appreciated by the learned trial Court while rejecting application Exh.51 and so prayers are raised for allowing the revision and discharging the revision petitioners.

(3.) Learned APP strongly opposed the above on the ground that there was assault on higher Government officials and Police officials, who had been to the scene of occurrence where unfortunately a student studying in Ashram school had suffered electric shock. That, to pacify the grieving family, the said officials have rushed to the spot, but according to him, from the FIR, it is emerging that including present revision petitioners, several others got enraged, took law in their hands and mounted assault on the Government officials and Police officials, who managed to save themselves. According to him, the mob was very violent and acts of accused therein was life threatening to the Government officials, who were performing duties. According to him, there are statements of several injured eye witnesses. He pointed out that, FIR is not an encyclopedia and as and when names of those involved and surfaced, they were duly named and on sufficient material against them, they are duly chargesheeted. According to him, there are allegations of serious offence being committed like attempt to murder. Therefore, learned trial Court rightly rejected the application Exh.51 and he urges for similar treatment in the revision also.