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2011 Supreme(Bom) 742

A.P.BHANGALE
Pandhari s/o Narayan Somwanshi – Appellant
Versus
State of Maharashtra, through P. S. Buldhana City – Respondent


Advocates Appeared:
For the Applicants: A.J. Thakkar, counsel.
For the Respondents: R1, K.D. Deshpande, APP, R2, Dhananjay Borkar h/f P.S. Mohgaonkar, counsel.

JUDGMENT

1. Heard learned counsel for the parties. Rule. Heard forthwith by consent of parties.

2. By means of this application under Section 482 of Criminal Procedure Code, the applicants have questioned the initiation of criminal proceedings via FIR No. 135/2010, dated 07/07/2010, registered under Section 306 read with section 34 of the Indian Penal Code with the Police Station, Buldhana (City), as also the consequent charge-sheet bearing no. 161/2010, dated 19/10/2010 and prayed to quash FIR No. 135/2010 and chargesheet no. 161/2010.

3. On the basis of report lodged by respondent no.2 (FIR No. 135/2010), dated 07/07/2010, offence punishable under Section 306 read with Section 34 of the Indian Penal Code has been registered against the present applicants. Applicant no. 1 is serving as Executive Engineer in Minor Irrigation Department, Buldhana while applicant no. 2 is serving as Senior Grade Clerk in the same department. It was reported by non-applicant no. 2 namely Vijay Shrawan Bagde to the police on 07/07/2010, that deceased Rekha was his sister. On 04/07/2010, at about 9.15 O’ clock in the night, he had received information from one Sunil r/o. Buldhana, that Rekha admitted in



























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