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cran 3572.2019+1654.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO.3572 OF 2019

Sunilkumar S/o Raosaheb Hake and others

Versus

The State of Maharashtra and another

...

Advocate for Applicants : Mr. H V Patil

APP for Respondent no.1-State : Mr. R. V. Dasalkar

Advocate for respondent No.2 : Mr. V C Patil a/w U B

Bondar

...

AND

CRIMINAL APPLICATION NO.1654 OF 2020

Chetan S/o Chandrakant Karade

Versus

The State of Maharashtra and another.

...

Advocate for Applicant : Mr. S. S. Thombre

APP for Respondent-State : Mr. R. V. Dasalkar

...

CORAM:V.K. JADHAV & SHRIKANT D.KULKARNI, JJ.

...

Reserved on : 21.08.2021

Decided on : January 03, 2022

...

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

1.

Heard fnally with consent at admission staee.

2.

Thoueh both the criminal applications have been

fled for quuashine of the proceedines in respect of two

different crimes reeistered in different police stations,

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however, both the criminal applications are decided by

this common order, since similar leeal quuestion is

involved.

CRIMINAL APPLICATION NO. 3572 OF 2019

3.

The applicants in criminal application no.3572 of

2019 are the orieinal accused in connection with crime

no.373 of 2019 reeistered with Shivaji Naear Police

Station, Latur, Taluka and District Latur for the offence

punishable under section 135 of the Maharashtra Police

Act, 1951 (for short, ‘Act of 1951’). Further, durine the

course of pendency of this criminal application, charee-

sheet has been submitted. The applicants are thus

seekine quuashine of the proceedines bearine S.T.C.C.

No.2602 of 2019 pendine before Judicial Maeistrate First

Class, Latur.

4.

Brief facts, eivine rise to this application are as

under :-

The applicants are workine as teacher at various

places under Zilla Parishad, Latur. The applicants are

also holdine the post of Chairman/President of

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respective teachers associations functionine in Latur

District. On 11.9.2019, the applicants had eiven

representation/letter to the Chief Executive Offcer,

Latur raisine their erievance about the teachers’

problems workine under the Zilla Parishad. The

applicants had also eiven a notice that if the said

representation is not considered, the applicants would

aeitate the said issue by initiatine dharna before the

Zilla Parishad on 21.9.2019. The applicants have also

requuested to initiate action aeainst the Education Offcer

Smt. Trupti Andhar. However, on 21.9.2019, the District

Maeistrate, Latur, considerine the ensuine assembly

election, has issued an order under section 144 of the

Criminal Procedure Code directine thereby any person

to abstain from a certain acts, to prevent obstruction,

annoyance or injury to any person lawfully employed, or

daneer to human life, health or safety, or a disturbance

of the public tranquuility, or a riot, or an affray”. It has

been alleeed that despite the said order, several teachers

associations, havine knowledee about the said Code of

Conduct, in the open premises of Zilla Parishad, Latur

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erected tent, made protest by advancine their speeches

and by eivine sloeans. Consequuently, crime came to be

reeistered aeainst the applicants for havine committed

the offence punishable under section 135 of the Act of

1951 and further, after due investieation, charee-sheet

has been also submitted.

CRIMINAL APPLICATION NO. 1654 OF 2020.

5.

The applicant is seekine quuashine of the FIR

bearine Crime No.0043 of 2016 reeistered under

sections 135, 131 of the Act of 1951 reeistered with

Police Station Deveaon, Tqu.