IMPORTANT POINT
The court established that the determination of charges in criminal cases requires careful consideration of the facts and evidence, and that the trial court is the appropriate forum for resolving issues of intent and culpability.

JUDGMENT/ORDER

SUNIL B.SHUKRE, J. - Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the parties.

2. By this application, the applicant is seeking relief of quashing and setting aside charge-sheet No.151/2022 registered as Sessions Case No.80/2022 arising from Crime No.456/2022 registered for an offence punishable under Sec. 302 of Indian Penal Code at Police Station, Pulgaon, District Wardha.

3. The facts of the case, which led to registration of crime against the applicant, are stated in brief as under :

On 19/5/2022 deceased Akash Gharde, rider of the motor-cycle, pillion rider complainant Jyoti Barde and another pillion rider Ratnapal Tamgadge were proceeding on the motor-cycle towards Gandhi Nagar from Panchdhara road, Pulgaon. At that time, motor-cycle driven by deceased Akash Gharde brushed another moped on its one side, as a result of which quarrel ensued between moped rider and deceased Akash Gharde. Moped rider, who is applicant here, is alleged to have beaten up deceased Akash Gharde by giving him slaps and fist blows on his face and also in his abdominal region. Deceased Akash Gharde fell unconscious due to injuries suffered on his face and stomach by fist blows rained upon him by the applicant. Deceased Akash Gharde was immediately taken to Government Hospital, Pulgaon, but unfortunately he was pronounced dead when brought to the Hospital. A report of the incident was lodged by complainant Jyoti Barde with Police Station, Pulgaon. On the said allegations made in the report, Pulgaon Police registered an offence punishable under Sec. 302 of Indian Penal Code and investigated the matter. After completion of the investigation, Police filed final report, i.e. charge-sheet under Sec. 173 of the Code of Criminal Procedure before the concerned Court of Judicial Magistrate, which Court later on committed the accused, i.e. applicant along with case to the Sessions Court for trial. The final report was filed under Sec. 302 of Indian Penal Code.

4. Shri Vyas, learned Counsel for the applicant, submits that considering the allegations made in the first information report filed against the applicant, no offence punishable under Sec. 302 of Indian Penal Code should have been registered and at the most the offence punishable under Sec. 304 Part II of Indian Penal Code could have been registered as the allegations taken at their face value did not disclose any intention or knowledge on the part of the applicant. He further submits that as some more material was collected by the Investigating Officer during the course of investigation disclosing that even offence punishable under Sec. 304 of Indian Penal Code was not made out, the Investigating Officer ought not to have filed charge-sheet under Sec. 302 of Indian Penal Code. Thus, he submits that this is a case of complete non application of mind on the part of the Investigating Officer. He points out that all the relevant Ss. under which cognizable offences are registered and investigation is made and final report is filed, such as Ss. 154, 157, 169, 170 and 173 of the Code of Criminal Procedure, mandatorily require the Investigating Officer to apply his mind to the facts and circumstances of each case and decide as to which offences amongst several options available before him would be prima facie made out and accordingly make his investigation and file his final report. He submits that this is also the requirement of law as expounded in the case of Lalita Kumari vs. Government of Uttar Pradesh and others {(2014) 2 SCC 1} (para 102). On these grounds, learned Counsel for the applicant seeks relief of quashing of the charge-sheet filed against the applicant.

5. The application is strongly opposed by Shri Doifode, learned Additional Public Prosecutor for the non-applicant no.1, submitting that no injustice has been done to the applicant as the applicant still has an opportunity of submitting his claim that he has not committed