Case Note & Summary
The applicant, Rajaram Shankar Patwardhan, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court (Aurangabad Bench) seeking quashment of First Information Report (FIR) No. 0287 of 2017 registered at Mukundwadi Police Station for offences punishable under Sections 153A, 294, 295, 354 read with Section 34 of the Indian Penal Code, 1860. The FIR was lodged by the State of Maharashtra through the police. The applicant contended that the allegations in the FIR did not disclose any prima facie case against him and that the continuation of proceedings would be an abuse of the process of law. The court heard the learned counsel for the applicant, Mr. Paranjape, the learned Additional Public Prosecutor for the State, and the learned counsel for respondent No. 2, Mr. Thombre. After considering the submissions and perusing the FIR, the court found that the allegations lacked specific intent to promote enmity between different groups or to outrage religious feelings, which are essential ingredients of the offences under Sections 153A and 295 IPC. The court also noted that the allegations under Sections 294 and 354 IPC were not made out on the face of the record. Consequently, the court allowed the application, quashed the FIR and all proceedings arising therefrom, and made the rule absolute.
Headnote
A) Criminal Procedure Code - Quashment of FIR - Section 482 CrPC - Inherent Powers - Applicant sought quashment of FIR alleging offences under Sections 153A, 294, 295, 354 IPC - Court examined whether allegations made out a prima facie case - Held that no specific intent to promote enmity or outrage religious feelings was disclosed, and the FIR was liable to be quashed to prevent abuse of process (Paras 3-5).
Issue of Consideration
Whether the FIR and proceedings under Sections 153A, 294, 295, 354 read with 34 IPC should be quashed for lack of prima facie case.
Final Decision
The application is allowed. FIR No. 0287 of 2017 registered at Mukundwadi Police Station and all proceedings arising therefrom are quashed. Rule is made absolute.
Law Points
- Quashment of FIR
- No prima facie case
- Sections 153A
- 294
- 295
- 354 IPC
- Section 482 CrPC
- Abuse of process of law
