DNYANOBA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) Present application has been filed by the original accused persons by invoking powers of this Court under Section 482 of Code of Criminal Procedure to quash the First Information Report vide Crime No. 51 of 2018, registered with Latur (Rural) Police Station, for the offences punishable under Section 294, 504, 506 read with 34 of the Indian Penal Code and the charge-sheet bearing No. 05 of 2018 pending before learned Judicial Magistrate First Class, Latur.

(3.) The prosecution had come with a case that, informant - present respondent No.2 resides with her husband, son and daughter. Her agricultural land is situated in Sonvati Shivar. The agricultural land is situated behind her house. She was in front of her house at about 6.30 a.m. on 13-05-2018 at that time her distant relative Narayan Mare and Manohar Mare were proceeding from her land. At that time she obstructed them and told that why they are taking the road from her field, they both should go from that road which is available for their land. She also told that, henceforth they should not go from her land. At that time her brother-in-law Tukaram and nephew Mahadeo were present. At that time itself present applicants came there and abused to the informant, brother-in-law and nephew of the informant by saying,. They also uttered that, . Applicant No.1 took sickle in his hand and by holding the neck of Tukaram threatened that he would be killed. On the basis of said information, the First Information Report was lodged around 143 hours of 13-05-2018.