SAVITA MANISH CHAUDHARI, AGE: 25 YEARS, OCCU: HOUSEHOLD R/O : RAMNAGAR, TALUKA WASHI, DISTRICT OSMANABAD Vs. THE STATE OF MAHARASHTRA THROUGH WASHI POLICE STATION, WASHI, TALUKA WASHI, DISTRICT OSMANABAD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The matter is taken up for final hearing with the consent of parties.

(2.) The applicant - Savita W/o Manish Chaudhari moved the present application under section 482 of the Code Criminal Procedure (for short "Cr.P.C.") for exercising the inherent jurisdiction of this Court to quash and set aside the First Information Report (for short "FIR") bearing crime No. 212 of 2015 registered at Washi Police Station, Tahsil Washi, District Osmanabad for the offence punishable under section 450 and 307 of the Indian Penal Code (for short "IPC") and resultant proceedings bearing Sessions Case No. 15 of 2016 pending on the file of Additional Sessions Judge, Bhoom, District Osmanabad.

(3.) It is contended that applicant - Savita is married woman and mother of two children residing at Ramnagar Washi along with her husband- Manish Chaudhari and other family members. Her husband was employed as Agricultural Assistant in Agricultural Department, Washi. The father, namely, Dnyandeo Chaudhari of respondent No. 2 Manish, after retirement, was serving as Assistant Teacher in the Secondary School. The sister of respondent No. 2- Manish was employed in Zilla Parishad as a clerk. According to prosecution, on 09- 12-2015 when husband - Manish, his father and sister, all had been to their places of avocation for duties, that time husband - Manish received phone call from one Mr. Balu Kawade and he informed to come immediately to the hospital as his newly born three months old minor son was admitted in the hospital. Husband - Manish immediately rushed to the hospital and saw the critical plight of his minor son. On enquiry, he came to know that one unknown person forcibly administered poisonous insecticide to the minor baby and escaped from the spot. The cloths of white shirt, Dhoti and Cap were on his person. The applicant - Savita raised shout, on hearing the noise, neighbourer thronged at the spot. Thereafter, minor infant of three months old was taken to Hospital for medial treatment. Being Medico Legal Certificate' case, husband - Manish filed the report to the Police of Washi Police Station against unknown culprit.