Advocates:
['WAGH MUKULANAND R', 'COPY SERVED ON P P', '', 'RUNWAL NIKHIL P AND KAMBLE NEHA B']

appln-322-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.322 OF 2021

Atul s/o Rajendra Kumbhar @ Jagdale

Age: 21 years, Occu.: Study,

R/o. Rahul Nagar Saldarwadi Dondaicha,

Tq. Shindkheda, Dist. Dhule

.. Applicant

Versus

1.

The State of Maharashtra

Through P.I.

Dondaicha Police Station,

Tal. Shindkheda, Dist. Dhule.

2.

Praful Walchanad Dugad

Age: 40 years, Occu.: Service,

R/o. Jivinlala Compound,

Dondaicha, Tq. Shindkheda,

Dist. Dhule

.. Respondents

...

Mr. M. R. Wagh, Advocate for applicant.

Mr. M. M. Nerlikar, APP for respondent No.1 - State.

Ms. Neha B. Kamble, Advocate for respondent No.2.

...

CORAM : SMT. VIBHA KANKANWADI AND

ABHAY S. WAGHWASE, JJ.

DATE : DECEMBER 07, 2022.

ORDER :- [Per Smt. Vibha Kankanwadi, J.]

.

By invoking the inherent powers of this Court under Section 482

of the Code of Criminal Procedure, the applicant, who is 21 years old

student, has prayed for quashing of FIR vide Crime No.250 of 2020

registered with Dondaicha Police Station, Dist. Dhule for the ofences

(1)

appln-322-2021.odt

punishable under Sections 353, 143, 147, 506, 427, 188, 269, 270 of

Indian Penal Code (for short "IPC"), under Sections 2, 3, 4 of

Epidemic Disease Act, under Section 11 of Maharashtra Covid-19

Regulation Act, 2020 and under Section 135 of the Maharashtra

Police Act.

2.

Heard learned Advocate Mr. M. R. Wagh for the applicant,

learned APP Mr. M. M. Nerlikar for respondent No.1 - State and

learned Advocate Ms. Neha B. Kamble for respondent No.2.

3.

Perusal of the FIR lodged by respondent No.2 would show that

respondent No.2 was serving as the Medical Oficer and was on Covid

duty in Covid Health Centre at Dondaicha. Patient by name Rajendra

Kumbhar i.e. father of the present applicant was admitted in the said

hospital in critical condition, as he had consumed pesticides with

alcohol. According to the informant, he had applied saline and

injection. The informant was explaining the applicant, who had taken

his father to the hospital, as to how the poisonous substance can be

taken out of the stomach i.e. by way of putting tube. When the said

tube was inserted from his nose, he vomited and, therefore, when

again the same act was repeated by the informant again the patient

vomited. The patient was in pain and, therefore, when once again the

tube was tried to be inserted, at that time, the patient resisted and,

therefore, the informant directed further treatment to the nurse on

duty and went to explain the situation to the applicant and other

(2)

appln-322-2021.odt

relatives. It was told that they should not gather in violation of covid

protocol. At that time, the applicant started giving threat to the

informant. He abused and behaved arrogantly. The informant had

called the ambulance and asked the patient to be taken to Rural

Hospital, Shindkheda or A.C.P.M. Medical College, Dhule. He went to

write reference letter and other documents, at that time, one Akash

Daga Koli as well as other 8 to 10 persons rushed towards the

informant and by giving threat to him told that they will not take the

patient anywhere and he should not sign the reference card. Then

the applicant also went rushing towards the person of the informant,

behaved arrogantly and then damaged the cabin glass. A chaotic

situation was created in the hospital.

4.

Afidavit-in-reply has been fled on behalf of respondent No.2

resisting the application.

5.

It will not be out of place to mention here that this Court when

the matter was on board on 08.07.2022 taken note of that. It appears

that the applicant behaved under the stress because of his father's

health condition and, therefore, lenient approach is required to be

taken. Applicant then showed readiness to tender apology and to

ofer compensation for the mental trauma sufered by respondent

No.2. Notice was then i