Case Note & Summary
The petition was filed under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, challenging the order dated 04.11.2023 by the Additional Sessions Judge, Paranda, which confirmed the dismissal of a discharge application by the Judicial Magistrate First Class. The petitioner, a political leader and accused No. 6 in Regular Criminal Case No. 11/2009, faced charges related to rioting and damage to public property stemming from an incident on 21.10.2008. The prosecution alleged that the petitioner’s co-accused instigated violence against a bus, but the petitioner claimed he was not present at the scene and that no evidence of his involvement was presented. The petitioner argued that the prosecution failed to provide any record of a provocative speech that could link him to the alleged crime. The learned APP contended that the co-accused's slogans implicated the petitioner in abetment. However, the court noted that the charge sheet lacked any evidence of a speech or instigation by the petitioner, and previous rulings in similar cases supported the petitioner's position. The court concluded that the lower courts had erred in their assessments and allowed the writ petition, quashing the impugned order.
Headnote
A) Criminal Procedure - Discharge Application - Grounds for Discharge - Code of Criminal Procedure, 1973, Section 239 - The court found that the petitioner was not present at the scene of the alleged offence and there was no evidence of instigation or provocative speech attributed to him. The rejection of the discharge application by the lower courts was deemed erroneous due to lack of material evidence against the petitioner. Held that the orders were unsustainable (Paras 1-2).
Issue of Consideration
Whether the petitioner could be discharged from the charges based on lack of evidence of instigation.
Final Decision
The court allowed the writ petition, quashing the order dated 04.11.2023 passed by the Additional Sessions Judge, thereby granting discharge to the petitioner.
Law Points
- Article 227
- Section 482 CrPC
- Section 239 CrPC
- Section 107 IPC
- Prevention of Damage to Public Property Act
- 1984
- Bombay Police Act
- 1951
- Criminal Law Amendment Act
- 1932
