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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
Anil L.Pansare, M.M.Nerlikar
Rajesh s/o Narayansingh Solanki – Appellant
Versus
State of Maharashtra, Through Station House Officer, Police Station Gondia City – Respondent
| Table of Content |
|---|
| 1. police report and initial facts of the case. (Para 2 , 3) |
| 2. arguments regarding the lack of offence under ipc. (Para 4 , 5 , 6) |
| 3. analysis of the complaint and ipc provisions. (Para 7 , 8 , 9 , 10) |
| 4. legal standards for quashing fir under bhajan lal. (Para 11) |
| 5. final ruling on the charge-sheet. (Para 12) |
JUDGMENT :
M.M. Nerlikar, J.
1. Rule . Rule made returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties.
2. The present application is being filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS ) for quashing and setting aside the charge-sheet bearing No.262/2023, dated 24/11/2023 arising out of Crime No.676/2023 registered with Police Station Gondia City for the offence punishable under Section 160 of the INDIAN PENAL CODE , 1860 (I.P.C.)
3. Brief facts :
I. Non-applicant No.2, who is a Police Constable of Police Station Gondia City, lodged F.I.R. No.676/2023 under Section 160 of I.P.C. alleging that on 22/10/2023, at about 5:00 p.m., one Aditya Rajesh Solanki and Shubham @ Karansingh Sumersingh Bais approached the Police Station for lodging the complaintS against each other about abusing and a
The court established that for an affray under Section 160 IPC, it is essential to demonstrate that fighting in public resulted in disturbance to public peace, which was lacking in this case.
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