ANIL S/O. KANHAIYALAL AHIR Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Anil S/O. Kanhaiyalal Ahir
STATE OF MAHARASHTRA
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Smt. Vasanti A Naik, J. -
(1.) Admit. Heard finally at the stage of admission with the consent of the learned counsel for the parties.
(2.) By this criminal application, the applicants seek the quashing and setting aside of FIR No. M19/2017 registered against the applicants for the offences punishable under Section 147, 148, 294, 427, 452, 506 and 307 of the Penal Code, Section 4 read with section 25 of the Arms Act and Section 3(1) and 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
(3.) The applicants are agriculturists and the non-applicant No. 2 is the possessor of the adjoining agriculture field. It is the case of the applicants that a false complaint was lodged by the non-applicant No. 2 with the non-applicant No. 1 that the applicants had entered into her agriculture field and house and had threatened to kill her and had abused her in the name of her caste. Since the non-applicant No. 1 did not take cognizance of the matter after recording the statements of the adjoining neighbours, the non-applicant No. 2 filed an application before the learned Magistrate for a direction to the non-applicant No. 1 under section 156(3) of the Code of Criminal Procedure, 1973. By an order dated 19-1-2017, the Additional Sessions Judge, Akola directed the non-applicant No. 1 to register the offences against the applicants under the aforesaid provisions. According to the applicants, the said order of the learned Additional Sessions Judge was illegal as a direction could not have been issued for the registration of the FIR. The said order was challenged by the applicants in a criminal revision application before this Court. However, in the meanwhile, since the charge-sheet was filed, this Court permitted the applicants to withdraw the criminal revision application. However, this Court noted while issuing notice to the respondents that the order passed by the Additional Sessions Judge, Akola was without jurisdiction. After the criminal revision application was withdrawn, this criminal application is filed by the applicants for quashing and setting aside the FIR and the proceedings arising therefrom.;
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