MUKTESHWAR S/O SIDRAM DESHMANE Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, AUSA POLICE STATION, TQ AUSA, DIST LATUR
LAWS(BOM)-2017-10-97
HIGH COURT OF BOMBAY
Decided on October 04,2017

Mukteshwar S/O Sidram Deshmane Appellant
VERSUS
State Of Maharashtra, Through Police Station Officer, Ausa Police Station, Tq Ausa, Dist Latur Respondents

JUDGEMENT

S.S. Shinde, J. - (1.) Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.
(2.) This Application is filed by the Applicant praying therein to quash and set aside the First Information Report bearing Crime No.264 of 2016 dated 13th October, 2016, registered with Ausa Police Station, DistLatur for the offence punishable under Section 188 of the Indian Penal Code, as well as the consequential Charge Sheet bearing No.62 of 2016, pending before J.M.F.C., Ausa.
(3.) Learned counsel for the Applicant submits that none of the ingredients of the alleged offences get attracted even upon reading the allegations in the First Information Report (for short "FIR") in its entirety. It is submitted that the offence is registered by the police officer who is not the competent authority to register the offence. The Applicant is a manager of Shivmudra Club. It is submitted that Shivmudra Club is being run as per the rules and regulations. There is no violation of any condition as stipulated in the license, there is no disturbance of the peace in the society. The Applicant is falsely implicated in the alleged offence with ulterior motive. Therefore, he submits that the FIR may be quashed.;


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