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2012 Supreme(Bom) 212

V.M.KANADE, P.D.KODE
Amgonda Vithoba Pandhare – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Ms. MANJIRI S. PARASNIS for the petitioner.
Mr. J.P. YAGNIK, APP for the State.
Mr. C.S. DUMRE i/by Mr. D.N. SALVI for Resp.No.1 - Union of India.

JUDGMENT :-

Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the Union of India and the learned APP appearing on behalf of the State.

2. The petitioner has field this petition under Article 226 of the Constitution of India read with provisions of Section 482 of the Code of Criminal Procedure for quashing the F.L.R. which is registered vide C.R.No.1 of 2010, dated 26.1.2010, which was filed at the instance of respondent No.5 and further proceedings arising out of the said F.I.R. being SCC No.150 of 2010 pending in the Court of the Judicial Magistrate, 1st Class, Jat, Dist. Sangli.

3. Brief facts of the case are as under :-

The petitioner is working as Head Master in Zilla Parishad Primary School, Sonlagi (Pandhrewasti), Taluka - Jat. The petitioner states that the flag hoisting programme was held on 26.1.2010 in the school in the morning. In the evening when the petitioner was going to the school for bringing down the flag at the appropriate time, he collapsed and became unconscious and he was admitted in the hospital of Dr.Mhaisale who is the Heart Specialist in Shri Sai Hospital. According to the petitioner, he informed his br





























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