ASHOK MAROTI GARKAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard both the sides. Rule. Rule is made returnable forthwith. The learned APP waives service for the respondent State. With the consent of both sides, the matter is heard finally at the stage of admission.

(2.) By way of this Application the applicants who are the original accused are invoking powers of this Court under Section 482 of the Cr.P.C. and challenging the order passed by the learned Judicial Magistrate, First Class, Shirur Kasar, District Beed dated 20/5/2017 directing to issue process inter alia for the offence punishable under Section 307 of the I.P.C.

(3.) In sum and substance the facts leading to the filing of this application are to the effect that on 24/8/2015 the complainant lodged the F.I.R. inter alia alleging that on account of a dispute regarding land the applicants formed an unlawful assembly, some of the members were armed with sticks and knife, they abused and assaulted him. He also alleged that applicant no.5 also tried to throttle his wife with a saree and in the process even the gold mangalsutra was snatched and stolen away from around her neck. Initially the crime was registered for the offences punishable under sections 143, 147, 148, 149, 394, 326 and 504 of the I.P.C. and for the offence punishable under Section 25 read with Section 4 of the Arms Act. During the course of investigation, the Investigating Officer deleted Section 394 of the I.P.C. but included Section 327 of the I.P.C. At the end he submitted the charge sheet on 13/12/2016 with such a change. The Magistrate received this charge sheet and directed it to be registered as a Regular Criminal Case by order dated 15/12/2016. However, while submitting the charge sheet Section 307 was not included although in the summary the Investigating Officer specifically mentioned about the applicant no.5 having tried to strangulate wife of the complainant with a saree.