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ANUJA PRABHUDESSAI, R. M. JOSHI
Mohd. Bin Saeed Bin Kileb – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ANUJA PRABHUDESSAI, J.
Heard finally with the consent of learned Counsel for the parties.
2. This is an application under Section 482 of the Code of Criminal Procedure for quashing Chargesheet No. 2 of 2020 filed before J.M.F.C. Pathri, which upon committal is registered as Sessions Case No.248 of 2022 pending on the file of Ld. Addl. Sessions Judge, Parbhani. The aforesaid proceedings arise from Crime No.362 of 2020 registered with Pathri Police Station, for the offences punishable under Sections 307, 353, 186, 201, 216, 504 and 506 read with Section 34 of Indian Penal Code and Sections 3, 4 and 25 of the Indian Arms Act.
FACTS IN BRIEF :
3. The genesis of this crime was an altercation between the Applicant no.1 and Respondent no.2 over parking of a vehicle by the Applicant no.1 in front of the house of the Respondent no.2, which subsequently led to the Applicant no.1 abusing and threatening to cause death of Respondent No.2 followed by firing of revolver in air. The aforesaid incident occurred on 08.09.2020 at about 11.00 p.m. The Respondent no.2 lodged the First Information Report on 09.09.2020 at about 1.00 a.m., alleging that the Applicant no.1 had attempted to cause his
The main legal point established in the judgment is that for an offence under Section 186 of the Indian Penal Code, the prosecution must prove that the accused voluntarily obstructed a public servant....
The inherent power of the court should not be exercised to stifle a legitimate prosecution.
(1) Investigation of non-cognizable cases – Even if police receives any such complaint relating to non-cognizable offence, police cannot start investigation without there being a green signal from Ma....
To establish offences under Sections 341 and 353 IPC, allegations must meet strict legal standards of obstruction and use of force, which were absent in this case.
FIR not quashable where allegations of blocking judicial officer's residence and demanding bail prima facie show criminal trespass intent to intimidate; no mini-trial, accept FIR as true, especially ....
Power under Section 482 Cr.P.C. is very wide, but conferment of wide power requires court to be cautious. It casts an onerous and more diligent duty on court.
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