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criappln 3399.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

34 CRIMINAL APPLICATION NO.3399 OF 2019

PRAMOD NANA PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

...

Advocate for Applicant : Mr. Yogesh H. Jadhav h/f

Mr. Nagori Girish

APP for Respondent no.1 : Mr. S P Deshmukh

Advocate for Respondent no.2 : Mr. Govind A. Kulkarni

h/f Mr. Anand Kulkarni

...

CORAM : V.K. JADHAV & SANDIPKUMAR C. MORE, JJ.

...

Reserved on : November 30, 2021

Decided on : December 23, 2021

...

ORDER :- (Per V K Jadhav, J.)

1.

Leave to add S.C.C. number in the prayer clause.

2.

Heard fnally with consent at admission stage.

3.

The applicant/original accused is seeking

quashing of the crime no.130 of 2019 registered with

Bhusawal Police Station, Taluka Bhusawal, District

Jalgaon, dated 2.6.2019 for the offence punishable

under section 500 of the IPC. During the pendency of

this criminal application, charge-sheet came to be

submitted. The applicant/accused is also seeking

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quashing of the criminal proceeding bearing SCC

No.795 of 2020.

4.

Learned counsel for the applicant submits that,

respondent no.2 has lodged the complaint in respect of

one Facebook post with the allegations that said

Facebook post has been created with an intention to

harm the reputation of one Smt. Raksha Khadse,

Member of the Parliament. It has been alleged in the

complaint that said Facebook post has been created by

the present applicant and as such he has committed the

offence punishable under section 500 of IPC. Learned

counsel submits that on the basis of the said complaint,

NCR No.130 of 2019 came to be registered in the

concerned police station for the offence punishable

under section 500 of IPC. Learned counsel submits that

said Raksha Khadse, Member of Parliament, whose

reputation is allegedly harmed by the said imputation

has not lodged any complaint. Learned counsel has

brought to our notice that the learned Magistrate,

without going into the provisions of section 199 of

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Cr.P.C., even though complaint was not lodged by the

aggrieved person, directed the I.O. in terms of the

provisions of section 155 (2) of Cr.P.C. to carry out the

investigation in respect of the said non-cognizable

offence. Learned counsel submits that, in view of the

same, investigation came to be carried out and at

present charge-sheet is submitted. Learned counsel

submits that, thus, crime as well as criminal

proceedings are liable to be quashed on this basis alone.

5.

Learned counsel for the applicant, in order to

substantiate his submissions, placed reliance on the

following cases :-

i.

Ejaz Ali @ Dr. Ejaz Ali Vs. State of Bihar and

others Patna High Court dated 27.9.2006.

ii.

Raj Kumar Saini Vs. Sant Kanwar in CRM-M-

30950 dated 2.12.2020.

iii.

Business Standard Pvt Ltd and Anr Vs.

Lohitaksha Shukla and anr in CriMSC 621 of

2017 & CriMA 2665 of 2017 & 7817 of 2019.

6.

Learned counsel for respondent no.2 submits that

respondent no.2-informant and the witnesses as

mentioned in the complaint are the party workers and,

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accordingly, they are aggrieved persons when the

Facebook post has been created with the sole intention

to defame the Member of Parliament of their party.

Learned counsel submits that there is no substance in

this criminal application and the application is liable to

be dismissed.

7.

Learned counsel for respondent no.2 Mr. Govind

Kulkarni, in order to substantiate his submissions

placed his reliance on the following cases :-

i.

G.Narasimhan and others et