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BOMBAY HIGH COURT
NAMDEV VYANKAT ZELE – Appellant
Versus
THE STATE OF MAHARASHTRA AND ANOTHER – Respondent
ORDER :
(Vibha Kankanwadi, J.) :
1. Present writ petition has been filed for quashing the First Information Report vide Crime No.57 of 2022 dated 18.04.2022 registered with Shirur Anantpal Police Station, District Latur as well as the proceedings in S.C.C. No.234 of 2022 pending before the learned 1st Joint Civil Judge Junior Division/Judicial Magistrate First Class, Nilanga, District Latur, for the offence punishable under Section 3 of the Official Secrets Act and Section 506 of Indian Penal Code.
2. Heard learned Advocate Mr. N. S. Kamble and Ms. M. K. Kamble for the applicant and learned APP Mr. V. K. Kotecha for respondent Nos.1 and 2/State.
3. Learned Advocate for petitioner vehemently submits that the First Information Report is false and concocted. He submits that the petitioner has parental land admeasuring 8 Acre 17 Gunthas situated at village Shirur Anantpal, District latur, out of that 30 Gunthas of land was donated to the Government of Maharashtra for proposed guest house of the Public Works Department through Tahsildar of Shirur Anantpal. The petitioner has filed multiple complaints against Mr. Bharat Ramkrushna Puni and his allies for grabbing the government land illegall
The police station is not a prohibited place under the Official Secrets Act, thus charges under Section 3 cannot be sustained.
High Court should be extremely cautious about interfering with the investigation and should not stall the investigation unless it is convinced beyond any manner of doubt that FIR does not disclose an....
The court established that FIRs can be quashed when they are found to be filed with mala fide intentions and do not disclose a prima facie case against the accused, particularly in the context of per....
The main legal point established is that quashing of a criminal complaint or FIR should be sparingly exercised and is permissible only in rare cases where no prima facie case is made out.
Point of Law : Court will not permit an investigation to go 'on', or where non-interference would result in miscarriage of justice the Court may interfere at the stage of investigation of offence.
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