Case Note & Summary
The applicant, Homesh @ Umesh s/o Vasantrao Thamekar, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Regular Criminal Case No. 593 of 2011 pending before the Judicial Magistrate, First Class, Court No. 2, Wardha. The case arose from Crime No. 462 of 2010 registered at Wardha (City) Police Station for offences under Sections 147, 148, 201, 307, 325 read with Section 149 of the Indian Penal Code, 1860 (IPC) and Sections 4 and 25 of the Arms Act, 1959. The prosecution alleged that on 29/09/2010 at about 21:30 hours, the first informant Rajendra Manthanwar, a patwari, along with his friend Yogesh Nikam, went to a pan shop at Arvi Naka. The accused persons, including the applicant, formed an unlawful assembly, surrounded the first informant, and threatened to kill him on the pretext that the complainant was accosting vehicles of the accused who were in the business of supplying building materials. The applicant was charge-sheeted based on the investigation. The applicant contended that the allegations were false and that no prima facie case was made out against him. The court heard the submissions of Mr. R.M. Daga for the applicant and Mr. J.B. Jaiswal, APP for the respondent/State. The court examined the FIR and the charge-sheet and found that the allegations did not disclose any specific overt act by the applicant. The court noted that the ingredients of Section 307 IPC (attempt to murder) were not satisfied as there was no act capable of causing death. The court also observed that there was no recovery of any weapon from the applicant and that the charge under the Arms Act was not supported by any material. The court held that continuing the proceedings would be an abuse of the process of law. Accordingly, the court allowed the application and quashed the criminal proceedings against the applicant.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The High Court can quash criminal proceedings if the allegations do not disclose any offence or are an abuse of process of law. The court examined the FIR and charge-sheet to determine if a prima facie case existed. (Paras 1-5) B) Indian Penal Code - Attempt to Murder - Section 307 IPC - Ingredients - For an offence under Section 307 IPC, there must be an act done with intent or knowledge to cause death, and the act must be capable of causing death in the ordinary course of nature. The court found that the allegations of threatening and assault with fists and kicks did not satisfy the ingredients of Section 307 IPC. (Paras 3-5) C) Indian Penal Code - Unlawful Assembly - Sections 147, 148, 149 IPC - Common Object - The prosecution alleged that the accused formed an unlawful assembly and assaulted the complainant. However, the court noted that the specific role of the applicant was not clearly attributed, and the charge-sheet did not disclose any overt act by the applicant. (Paras 3-5) D) Arms Act - Possession of Arms - Sections 4 and 25 - The applicant was charged under the Arms Act, but the court observed that there was no recovery of any weapon from the applicant, and the allegations did not specify any use of arms by the applicant. (Paras 3-5)
Issue of Consideration
Whether the criminal proceedings against the applicant for offences under Sections 147, 148, 201, 307, 325 read with Section 149 IPC and Sections 4 and 25 of the Arms Act should be quashed under Section 482 CrPC for lack of prima facie evidence and being an abuse of the process of law.
Final Decision
The court allowed the application and quashed the criminal proceedings i.e. Regular Criminal Case No. 593 of 2011 pending on the file of the Judicial Magistrate, First Class, Court No. 2, Wardha against the applicant.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC
- Lack of prima facie evidence
- Abuse of process of law
- Ingredients of Section 307 IPC not made out
