VAKIL PALANI HARIJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The submissions of the learned counsel appearing for the parties were heard on the last date. The applicants have invoked section 482 of the Code of Criminal procedure, 1973 (hereinafter referred to as the said Code) for quashing the criminal proceedings on the basis of F. I. R. registered at the instance of the 2nd respondent alleging commission of offence punishable under section 326 read with section 34 of the Indian Penal code.

(2.) In the F. I. R. , the 2nd respondent stated that he was scheduled to get married on 12th February, 2004 at Wagund Nagar, goregaon (W ). He stated that his brother, his mother and sister had visited Mahakali Nagar, malvani on 11th February, 2004 for making arrangements. He alleged that the applicants and one Sandeel came to his place of residence and assaulted him by using choppers. He stated that he suffered serious injuries to both his hands and legs and he was admitted in Bhagwati hospital.

(3.) The learned counsel for the applicants submitted that considering the injuries on the person of the 2nd respondent as mentioned in the injury certificate, it was obvious that section 326 of the Indian Penal code was not at all attracted and at the most section 324 of the Indian Penal Code could have been applied. Relying upon various decisions of the Apex Court she submitted that a case is made out for quashing the proceedings.