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2023 Supreme(Bom) 702

ANUJA PRABHUDESSAI, R. M. JOSHI
Mohd. Bin Saeed Bin Kileb – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.S.S.Bora, Advocate
For the Respondent: Mr.S.D.Ghayal, Mr.M.P.Tripathi,

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

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