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2026:BHC-N AG:14958 CNR No : HCBM040228942026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APL] NO. 1699 OF 2026 APPLICANT : Nishkarsh S/o Kiran Nimgade, Aged about 26 years, Occu. Nil, R/o Ward No.1, Post Nandgaon, Tq. Pombhurna, Dist. Chandrapur.

VERSUS NON-APPLICANTS :The State of Maharashtra, through Police Station Officer, Police Station, Mul, Tah. Mul, Dist. Chandrapur.

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Mr. Purushottam Patil with Mr. N.A. Waghmare, Mr. Vinay Rathi, and Mr. Yash Ghodichor, Advocates for the applicant. Mr. H. D. Futane, A.P.P. for the non-applicant/State.

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CORAM : M. W. CHANDWANI, J.

Judgment Reserved on : September 22, 2026.

Judgment Pronounced on : October 29, 2026.

JUDGMENT :

1. Heard. ADMIT. Taken up for final disposal forthwith by the consent of the learned counsel appearing for the parties.

2. This application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeks quashing of First Information Report (FIR) No. 44/2026 dated 22.01.2026 registered with Police Station, Mul, Dist. Chandrapur for the offences punishable under Sections 126(2), 189(2), 190, 191(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) read with Section 135 of the Maharashtra Police Act, 1951 (the Act of 1951) and Section 7 of the Criminal (Amendment) Act, 1932 (the Act of 1932), consequent charge-sheet No. 54/2026 dated 22.03.2026 wherein Sections 221 and 222 of the BNS, Sections 110 and 117 of the Act of 1951 were added to the crime, and Regular Criminal Case No. 432 of 2026 pending before the Judicial Magistrate, First Class, Mul.

3. The case of the prosecution, in brief, is as under :

i] On 21.01.2026, a pickup vehicle bearing No. MH-34-BZ-

3127 which was proceeding from Gondpipri towards Nandgaon, dashed to an electricity pole and turned turtle near Mauza Nandgaon resulting in causing serious injury to one Haridas Vilas Mitpalliwar. The passengers travelling in the said pickup vehicle were also injured. The injured persons were shifted to a hospital at Mul. News of the accident was spread over the nearby areas and the people gathered on the spot expressing their anger towards poor quality of the road. They started protesting for taking action against the errant officials of the Public Works Department (PWD)

and the contractor who constructed the road. The people gathered on the spot and tried to obstruct the road by tying a rope across it. The police reached the spot and removed the people gathered on the spot.

ii] The allegation is that the people by forming an unlawful assembly tried to obstruct the traffic on a public road. In the said mob of the people, the applicant along with the other co-accused persons was present. Therefore, on the complaint lodged by Police Constable Sunil Kulmethe, the FIR came to be registered against the applicant and the other co-accused persons for the aforesaid offences. After completion of investigation the charge-sheet came to be filed against the applicant and the other co-accused persons.

4. Heard Mr. Purushottam Patil, learned counsel appearing for the applicant and Mr. H.D. Futane, learned A.P.P. appearing for the non-applicant/State. Perused the entire charge-sheet.

5. Mr. Patil, learned counsel appearing for the applicant vehemently submitted that agitating against poor condition of a road and asking to take action against the errant PWD officials and the concerned contractor cannot be said to be an offence. Therefore, the people who gathered on the spot for such agitation cannot be said to have formed an unlawful assembly. The learned counsel also stated that no specific role has been attributed to the present applicant, whereby, it can be said that the applicant had participated in an unlawful assembly and caused obstruction to the traffic