2025:BHC-AS:58157-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 213 OF 2021 Captain Baliram Bhaskarrao Shinde, Age: 68 years, Occupation: Ex-serviceman, Residing at: Kedar Bangla, Bombay Sappers Colony, Survey No.46, Vadgaon Sheri, District-Pune. … Petitioner.

V/s.

The State of Maharashtra (Through the Chandan Nagar Police Station, District-Pune.) … Respondent ______________________

Mr. Manoj Mohite, Senior Counsel a/w Ms. Priyanka H. Chavan, Mr. Aditya Shinde, Advocate for the Petitioner.

Ms. Madhavi H. Mhatre, A.P.P. for the State.

______________________

CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ.

RESERVED ON : 26th SEPTEMBER 2025.

PRONOUNCED ON : 24th DECEMBER 2025.

JUDGMENT [Per : RANJITSINHA RAJA BHONSALE, J] :-

1) Rule.

Rule made returnable forthwith and the Petition is taken up for hearing by consent of the parties.

2) By this Petition, filed under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code, Petitioner an ex- Army Officer seeks quashing of the FIR/C.R.No.1264/2020 dated 4^th October, 2020 registered with Chandan Nagar Police Station, Pune, under Section 304 (Part II) of the Indian Penal Code.

3) By Order dated 2^nd February, 2021, this Court issued notice to the Respondent and further issued directions that, the charge-sheet should not be filed without seeking leave of this Court. The ad- interim relief has been continued from time to time by Orders of this Court.

4) Considering, the peculiar nature of the allegations and facts, based on which the First Information Report is lodged and criminal law is set into motion, we feel it necessary to discuss in detail, the case of the prosecution as is narrated in the First Information Report. At the same time, we also refer to certain prima facie inferences which any prudent person would draw from the said narration.

4.1) On 1^st October, 2020 Mr. Rajendra Ghatge, Police Inspector at Mundhwa Police Station, lodged a complaint inter alia alleging that, on 20^th August, 2020, an accidental death was reported and registered with the Mundhwa Police Station bearing A.D. No.66/2020. Mr. Ramkishan Devidas Surwase (deceased/intruder) was declared dead at about 11.45 hours on 20^th August, 2020, with cause of death due to multiple injuries. It is the case of the prosecution, that certain investigations were conducted after the registration of the Accidental Death Report (ADR).

4.2) The prosecution contends that, the investigation later revealed that the Ramkishan Surwase, originally hailed from Latur District and had come to Pune, on 18^th August, 2020. That, while in Latur, Ramkishan Surwase was receiving treatment for certain mental condition at the Prerana Psychiatric Hospital, Latur.

4.3) On 20^th August 2020, at about 00.45, Ramkishan Devidas Surwase while making an attempt to intrude into the house of the Petitioner, was shouting that, there are certain people, chasing him in an Innova car, wanted to beat him up. The intruder was trying to forcefully enter into the house of the Petitioner. On facing resistance from the Petitioner, the intruder became aggressive, broke open the kitchen window and tried to enter into the house of the Petitioner. The incident took place at 00.45 hrs at the midnight and seeing the conduct of intruder, the Petitioner, under the bonafide impression that, it was an attempt to commit robbery in the night by forcefully entering his residential house. In an attempt to save himself, his family and property and to ensure that, the intruder leaves premises, the Petitioner tried to push him out with the help of a bamboo stick.

4.4) The intruder, then even tried to enter through the kitchen. On facing resistance and realizing that the Petitioner was not opening door, the intruder became more aggressive, climbed up the two seater sofa which was in veranda, picked up the brass trumpet (decorative item) and broke the window of the kitchen.

4.5) The Petitioner’s nephew,