LAWS(BOM)-2019-7-51

BHASKAR Vs. STATE OF MAHARASHTRA

Decided On July 03, 2019
BHASKAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

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

(2.) The proceeding is filed for relief of quashing of FIR No. 127 of 2017 registered with Pashim Deopur Police Station, District Dhule for the offences punishable under Sections 324,323,504 and 506 of the Indian Penal Code. The F.I.R is given by one Deepak Chatur Bhadane who is resident of Wadi Bhokar District Dhule. The incident took place on 15.11.2017 after 4.00 p.m. Some work of electricity Department was going on in front of house of the one Trimbak Patil and so Deepak went there. He wanted to collect the information about the three phase connection which he wanted to take for his residential place. When he started making enquiry with Bhaskar Phad the petitioner No.1 Bhaskar became angry and he pushed and pull Deepak and ultimately gave blow of Tong ( Pakkad) on his head and due to that he sustained blooding/ bleeding injury to his head. He was taken to Civil Hospital Dhule. He gave report to the police and on the basis of report the crime at C.R. No. 127/2017 of came to be registered on 22.48 hours of 15.11. 2017.

(3.) The learned counsel for the petitioners submitted that prior to registration of the aforesaid crime report was given by Bhaksar Phad against Deepak at 22 hours and crime was registered against Deepak for the offence punishable under Sections 353, 323, 332, 504 and 506 of the Indian Penal Code. He submitted that only to give counter blast report was given by Deepak.