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2021 Supreme(Bom) 1023

RAVINDRA V.GHUGE, B.U.DEBADWAR
Amol – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
M.S. Deshmukh, Advocate, U.L. Momale, Advocate, K.S. Patil, Advocate

JUDGMENT

B.U. Debadwar, J. - By this application, the applicant prays to quash F.I.R. No.0033/2019, dated 31st January, 2019, registered against the applicant under sections 353, 504 and 506 of the Indian Penal Code, 1860, (In short, "the I.P.C.) at Udgir City Police Station, Udgir, Dist.Latur.

2. Heard Mr.M.S. Deshmukh h/f Mr.U.L. Momale, the learned Advocate for the applicant and Mr.K.S. Patil, the learned Additional Public Prosecutor for respondent nos.1 and 2.

3. Facts giving rise to application, in nutshell, are as under.

a) Respondent No.2 is a government servant, holding the post of R.T.O. Inspector, Regional Transport Office, Latur. Whereas, the applicant is an Advocate by profession, practicing at Udgir and Latur. Respondent No.2 was a Head of Flying Squad, constituted for the purposes of detection of crimes under the provisions of the Motor Vehicles Act, 1988 (In short, "M.V. Act").

b) On 13.01.2019, at about 7 a.m., he, along with two other members of the Flying Squad, viz: Baliram Dnyanoba Shinde and Umesh Dashrath Durande, had left the office and started moving with office vehicle on Shirur Tajband to Udgir road, for detection of vehicles, being run on the road, in breach

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