The court found substantial grounds for proceeding with the FIR against the petitioners based on eyewitness accounts and video evidence, emphasizing the need for protecting police duties and integrity.

JUDGMENT :

Sandesh D. Patil, J.

1. Heard learned counsel for the parties.

2. Rule. Rule is made returnable forthwith, with the consent of the parties the petition is taken up for final disposal. Learned APP waives notice on behalf of the respondent No.1–State.

3. By the present Writ Petition, the petitioner is approaching this Court seeking quashing of the FIR bearing CR No. 452 of 2025 registered with the Versova Police Station as well as the chargesheet filed in the said case.

4. The FIR is filed under the provisions of Sections 352 , 351(2), 221, 132, 121 (1) of the Bharatiya Nyaya Sanhita, 2023. The petitioner in Writ Petition No.119 of 2025 and the petitioner in Writ Petition No.5309 of 2024 are wife and husband respectively. The petitioner in Writ Petition No. 5303 of 2024 is their son.

5. The respondent No.2 is a police officer working in the Traffic Department, who is the first informant. The case of respondent No.2 is that on 13^th August 2024, when he was discharging his duties at Mhada Colony Junction, Four Bungalow, Andheri at about 15.00 hours, another police constable, Mr. Bharat Chaudhary came on the same junction to help him ease the traffic. At about 19.05 hours, when both were discharging their duty, he saw a car coming and noticed that the driver of the vehicle was wearing his seat belt, however, the person sitting besides him a lady, was not wearing the seat belt. He tried to stop the car, however the driver of the car showed him his finger and then stopped the car about 50 meters away. The complainant went towards the car along with the machine to levy ‘E-Challan’. In this process, when he was clicking photo of the car, the lady sitting next to the driver abused him verbally. At that time, when the complainant was recording the said incident in his mobile, the said lady assaulted the complainant on his chest, so also slapped him on his cheek. At that time, another old person accompanying them started abusing the complainant. The driver of the car also threatened him of dire consequences. The entire incident was recorded by police constable, Mr. Bharat Chaudhary on his cell phone.

6. Since all the accused persons had prevented the complainant from discharging his official duty, the complainant came to the police station to lodge a complaint and accordingly the complaint was lodged under Sections 352 , 351 (2), 221, 132 and 121(1) of Indian Penal Code. 7. During one of the hearing of the present Writ Petition, this Court (Coram : A.S. Gadkari and Rajesh Patil, JJ.) passed the following order on 25^th July 2025 :-

“1) Perusal of charge-sheet indicates that Bharat Govinda Chaudhari, Police Constable, is an alleged eye-witness to the offence under Section 132 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘ BNS ’ for short), wherein Shri Ganesh Madukar Sonawane alleges assault and criminal intimidations by Petitioner. Shri Bharat Chaudhari in his statement dated 16th August 2024 has categorically stated that he has recorded the incident in his mobile phone.

2) We therefore direct the Investigating Officer to produce the said video clipping before this Court on next occasion.

3) Stand over to 8th August 2025.”

8. Thereafter, this Court in its order dated 17^th November 2025 observed that the learned APP has produced pendrive as directed by this Court vide order dated 25^th July 2025; containing recording of the said incident. Accordingly we have perused the contents of the pendrive handed over to us in our chambers.

9. We have also perused the chargesheet annexed along with the petition. We have perused the statement of the first informant, the statement of Mr. Bharat Chaudhary, Police Constable, who was an eye witness to the entire incidence. His statement is