JUDGMENT: [Per S.S.Shinde, J.]:

1] This Petition is filed with multiple prayers, however, the main prayer is for quashing First Information Report registered at Kotwali Police Station, Ahmednagar vide C.R.No. 380/2008, dated 20.12.2008, filed by Sagunabai – Respondent No.2 for the offence punishable under Section 354 of the Indian Penal Code. By way of amendment, the petitioner has added further prayer for quashing charge sheet dated 15.01.2009, numbered as 18/2009, filed in the Court of Chief Judicial Magistrate, Ahmednagar, pending as STC No. 29/2009.

2] It appears that, during pendency of this Petition, ad-interim relief in terms of prayer clause (d), is in force and as a result further proceedings arising out of C.R. No. 380/2008, have not been proceeded further. It further appears that, this Court issued 'Rule' on 18th November, 2009. The Petition is taken up for final hearing.

3] It is the case of the petitioner that, the petitioner and his wife are the Doctors by profession, and practicing at Ahmednagar. They have participated in various social and cultural activities in the District. The First Information Report lodged against the petitioner, and the criminal proceedings initiated on the basis of the said First Information Report, are on the face of it, mala fide, actuated with ill will and filed with a view to wreck vengeance and private vendetta by the complainant. It is the further case of the petitioner that, on 18.12.2008, at about 4.45 p.m. while Dr. Prakash Kankaria was sitting in his consulting room and checking the patients, he heard the commotion at reception center out side the consulting room, and it was noticed that, one unknown person has thrown telephone receiver on the ground and was talking loudly with the receptionist. Before the petitioner could inquire into the matter about the behaviour of the said person, the said person all of a sudden entered in the consulting room and gave fist blows on the face and person of the petitioner, abused him in filthy language and damaged the furniture in the Hospital. It is the further case of the petitioner that, on inquiry by the petitioner with the said person, the said person made grievance about charging of fees of Rs.100/- on each and every visit, and as the case papers were not prepared by the receptionist for non payment of Rs.100/-, he was annoyed, after aforesaid incident said person without disclosing his identity along with his wife i.e. complainant, left the Hospital immediately. Thus, there was no question of checking complainant by the petitioner nor the payment was received as per the procedure adopted by the Hospital at the reception center, and the entire episode occurred due to mishebaviour and misconduct of the person concerned.

4] It is the further case of the petitioner that, on 18.12.2008 at about 6.05 p.m., petitioner went to Kotwali Police Station and lodged the complaint about the aforesaid incident. On the basis of said complaint, offence was registered vide Crime No.379/2008 for the offences under Section 452, 323, 427, 504 and 506 of the Indian Penal Code against said unknown person and Respondent no.2, resident of Kapurwadi, District Ahmednagar. It is the further case of the petitioner that, Police arrived at the Hospital and prepared the panchanama of the scene of the occurrence, however, although several patients were present in the consulting room, where petitioner sits and checks the patients, their statements could not be recorded by the police as they have left the place of the incident out of fear. Apart from the patients, few other persons belonging to some organizations or institutions were also present as the petitioner is attached with social activities. In fact, one Suresh Kshirsagar, who runs medical store in the premises rescued the petitioner from assault from said person, however, Police till the date of filing the Petition failed to record the statement of said person. In the meanwhile, Police took the search of both the

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