w w w . L a w y e r S e r v i c e s . i n



Rajendra Dagdulal Bafna & Others v/s The State of Maharashtra & Another


Company & Directors' Information:- RAJENDRA LIMITED [Strike Off] CIN = U99999KA1943PLC000306

Company & Directors' Information:- RAJENDRA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U17219TZ1948PTC000161

    Criminal Application No. 115 of 2018

    Decided On, 07 September 2018

    At, In the High Court of Bombay at Aurangabad

    By, THE HONOURABLE MR. JUSTICE T.V. NALAWADE & THE HONOURABLE MRS. JUSTICE VIBHA KANKANWADI

    For the Applicants: P.S. Paranjape, Gajendra D. Jain, Advocates. For the Respondents: R1, S.J. Salgare, Additional Public Prosecutor, R2, Rupesh Bora, N.L. Choudhari, Advocates.



Judgment Text

Vibha Kankanwadi, J.

1. At the outset, learned Advocate appearing for the applicants seeks permission to withdraw the application to the extent of applicant nos.01 and 02 (original accused nos.01 and 02).

2. Permission granted. The application to the extent of applicant nos.01 and 02 (original accused nos.01 and 02), namely Rajendra and Kavarlal, respectively, stands disposed of as withdrawn.

3. Rule. Rule made returnable forthwith. By consent, heard finally.

4. Present application has been filed by the original accused persons for quashment of the first information report vide Crime No. 50/2017, registered with Sindkheda Police Station, District Dhule, for offences punishable under Sections 354A, 509, 109, 501 read with Section 34 of the Indian Penal Code, lodged by respondent no.02.

5. Respondent no.02 has lodged first information report on 03.04.2017 with Sindkheda Police Station, stating that applicant no.01 had caught hold of her hand and uttered obscene words and also threw one pocket containing circular defaming her and her husband. It has been contended by the applicants, that a rent agreement was executed with one Vijay Harakchand Tatiya and others on 25.02.2016 which was for five years' period. Thereafter, on 20.12.2016, said Vijay Harakchand Tatiya and another issued legal notice to applicant no.03 and his wife for registration of the sale deed. The total consideration was shown as Rs. 30,00,000/- and it was stated that amount of Rs. 20,00,000/- has been paid. Reply was given by applicant no.03 and his wife on 28.12.2016. Special Civil Suit No. 36/2017 was filed by said Vijay Harakchand Tatiya and another on 24.01.2017 for specific performance of contract, in the court of Civil Judge (Senior Division), Nashik. A compromise took place on 11.04.2017 between Vijay Harakchand Tatiya and applicant no.03. The proceedings were closed by the learned Civil Judge (Senior Division), Nashik, on 26.04.2017. Thereafter, on 30.01.2017, one Nandu @ Nana Budha Kathare lodged FIR vide Crime No. 113/2017 against applicant no.03 and one Sahil Sushil Bafna for offences punishable under Sections 341, 504, 506, read with Section 34 of the Indian Penal Code and Section 3(1)(ii) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 [For short, "Atrocities Act"]. Another offence was lodged on 25.10.2012 by the same person i.e. Nandu @ Nana Budha Kathare vide Crime No. 102/2012 with Sindkheda Police Station against applicants no.01, 02 and one Lalchabai Dagdulal Bafna for offences punishable under Sections 341, 373, 323, 504, 506, read with Section 34 of the IPC and Section 3(1)(v) & (x) of the Atrocities Act. Offence vide Crime No. 122/2015 was registered on 12.12.2015 on the basis of report lodged by one Sajanbai Manohar Jain, at Devpur Police Station, for offences punishable under Sections 420, 467, 468, 471, 447, 427, 457, 380, 323, 504, 506 and 120B of the IPC, against Nanabhau Kathre, Vilas Shinde, Pratibha Shinde and others. One more offence is stated to have been registered vide Crime No. 66/2011 on 02.06.2011 by Ramansing Raman Bhil with Sindkheda Police Station for offences punishable under Sections 324, 392, 452, 323, 504 and 506 of the Indian Penal Code, against one Vilas Shinde. It is stated that there is enmity between respondent no.02 and the applicants. All these cases have been registered as a result of the enmity. Bare reading of the contents of the FIR do not constitute any offence and, therefore, they have prayed for quashing of the FIR.

6. Heard learned Advocate Mr. P.S. Paranjape, holding for learned Advocate Mr. G.D. Jain, for the applicants. Heard learned Additional Public Prosecutor Mr. S.J. Salgare for respondent no.01. So also, heard learned Advocate Mr. Rupesh Bora, holding for learned Advocate Mr. N.L. Choudhari, for respondent no.02. Perused the police papers.

7. It appears that respondent no.02 had stated in the FIR, that present applicants no.03 and 04 had distributed some defamatory article against her husband and, therefore, her son Aakash had given complaint with Sindkheda Police Station on 06.09.2017. Thereafter, on 03.04.2017, when she was standing in the courtyard at about 12.30 p.m., at that time, two persons came on motorcycle. Applicant no.01 was driving the said moped and he threw some packet on her person. When she tried to take that packet with her right hand, at that time, applicant no.01 caught hold of her hand and made derogatory remarks. At that time, she asked as to whether he is not ashamed of his act. In that process, her bangles broke. Thereafter, applicant no.02 told her, that she should go through the contents of the chit. Thereafter, she went through the contents of the chit which was again defamatory and derogatory amounting to outraging of her modesty. She thereafter asked him as to on whose say they are acting in such manner. At that time, they had told that it has been at the behest of applicants no.03 and 04. When she started shouting, applicants no.01 and 02 fled away.

8. Thus, it is to be noted that from the contents of the FIR, she intended to say that the accused no.01 had caught hold of her hand and made derogatory remarks. As regards the alleged chit is concerned, there is nothing which would show that it was got printed at the behest of any of the applicants. When so many cases have been filed against each other, it is hard to believe that the applicants no.01 and 02 would have gone to the house of respondent no.02. Statements of witnesses would show that nobody has seen the incident and it is only upon say of the respondent no.02, they were giving the statement. The sons of respondent no.02 have tried to say that they have gone through the contents of the chit at that place along with the mother. However, their conduct appears to be doubtful because they have not given any kind of reaction when they went through such defamatory article (as per their own) involving their mother. Therefore, every possibility is that the FIR has been lodged to implicate the applicants no.03 and 04. The applicants no.03 and 04 cannot be asked, under such circumstance, to face the trial. This is a fit case where the powers under Section 482 of the Code of Criminal Procedur

Please Login To View The Full Judgment!

e should be exercised. 09. Hence, the following order : (a) The application is partly allowed. (b) The first information report vide Crime No. 50/2017, registered with Sindkheda Police Station, District Dhule, for offences punishable under Sections 354A, 509, 109, 501 read with Section 34 of the Indian Penal Code, to the extent of applicant nos.03 and 04 herein (original accused nos.03 and 04), namely Sushil and Surendra, respectively, is hereby quashed and set aside. (c) As aforesaid, application to the extent of applicant nos.01 and 02 herein (original accused nos.01 and 02) is disposed of as withdrawn. (d) Rule made absolute in the above terms.
O R







Judgements of Similar Parties

06-10-2020 Rajendra Eknath Apugade & Another Versus The State of Maharashtra & Another High Court of Judicature at Bombay
31-08-2020 Rajendra Singh Versus Union of India & Others High Court of Delhi
24-08-2020 M/s. Govindhji Jewat & Co., Represented by its Partner Rajendra Kone & Others Versus M/s. Rukmani Mills Ltd., Represented by its Board of Directors, Madurai & Others Before the Madurai Bench of Madras High Court
11-08-2020 Atalbiharikumar Rajendra Mandal Versus State of Gujarat High Court of Gujarat At Ahmedabad
23-07-2020 Bajaj Allianz General Insurance Co. Ltd., through its Authorized signatory, Pravin Prabhakar Prabhu Versus Kameshwari Rajendra Sabnis & Others In the High Court of Bombay at Goa
30-06-2020 Union Bank of India, Through Shri R. Rajendra Prasad, Branch Manager, Raichur Versus M/s. Tirumala Enterprises, Raichur National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Rajendra Singh & Others Versus National Insurance Company Limited & Others Supreme Court of India
26-05-2020 Rajendra Kumar & Others Versus Raj Kumar High Court of Judicature at Allahabad
19-05-2020 Transport Manager, Thane Municipal Transport Undertaking Versus Rajendra Visanji Thakkar & Another High Court of Judicature at Bombay
14-05-2020 Rajendra Kumar Chandrol Versus High Court of Madhya Pradesh
21-04-2020 Babu Rajendra Versus Basalingappa & Others High Court of Karnataka Circuit Bench OF Kalaburagi
18-03-2020 State of M.P. & Others Versus Rajendra Kumar Sharma High Court of Madhya Pradesh Bench at Gwailor
18-03-2020 Ritesh Rajendra Thakur Versus State of Maharashtra Through its Secretary, Tribal Development Department & Another High Court of Judicature at Bombay
17-03-2020 Rajendra & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
16-03-2020 Satish Kumar Khandelwal V/S Rajendra Jain & Others High Court of Madhya Pradesh Bench at Indore
12-03-2020 Rajendra & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
24-02-2020 Manaj Tollway Private Limited Versus Rajendra Rahane Superintending Engineer & Others High Court of Judicature at Bombay
19-02-2020 Rajendra K. Bhutta Versus Maharashtra Housing and Area Development Authority & Another Supreme Court of India
13-02-2020 Life Insurance Corporation of India Through Its Zonal Manager, Life Insurance Corporation Of India, New Delhi Versus Rajendra Sudamrao Shinde & Another National Consumer Disputes Redressal Commission NCDRC
11-02-2020 Nisar Ahmad Versus Rajendra Kumar Soni & Others High Court of Delhi
10-02-2020 Rajendra Versus Jugalkishor & Others In the High Court of Bombay at Nagpur
17-01-2020 Rajendra Saxena & Another Versus Sharda Ratnam & Another High Court of Judicature at Bombay
17-01-2020 Rajendra Mishra Versus State of Bihar & Others High Court of Judicature at Patna
17-01-2020 Sanjiv Rajendra Bhatt Thro Shweta Sanjiv Bhatt Versus State of Rajasthan High Court of Gujarat At Ahmedabad
16-01-2020 Rajendra Kumar Verma & Another Versus Dolly Rani Bag & Others National Consumer Disputes Redressal Commission NCDRC
10-01-2020 Harendra Ramchandra Pathak Versus Rajendra Ratan Mhatre High Court of Judicature at Bombay
06-01-2020 Rajendra Kumar Khera & Others Versus U.P. Awas Vikas Parishad & Another National Consumer Disputes Redressal Commission NCDRC
06-01-2020 Dr. N. Rajendra Prasad & Others Versus Lingampally Srinivas & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
26-12-2019 Rajendra Manohar Kowli & Another Versus Bank of India Debts Recovery Appellate Tribunal At Mumbai
26-12-2019 Rajendra Girdhar Patel Versus State Of Gujarat & Others High Court of Gujarat At Ahmedabad
10-12-2019 Rajendra Diwan Versus Pradeep Kumar Ranibala & Another Supreme Court of India
03-12-2019 Rajendra Singh Tomar & Others Versus State of Uttarakhand Through Secretary & Others Supreme Court of India
02-12-2019 Ajit Rajendra Bhagwat & Others Versus The State of Maharashtra, Through its Secretary, Higher and Technical Education Mantralaya & Others High Court of Judicature at Bombay
02-12-2019 Sathi Khurana Versus Rajendra Singh Khurana High Court of Judicature at Calcutta
28-11-2019 Balasaheb Govind Basugade Versus Rajendra Shivaji Kumthekar & Others High Court of Judicature at Bombay
20-11-2019 Jaihind Sahakari Pani Purvatha Mandali Ltd. Shirdhon, Kolhapur Versus Rajendra Bandu Khot & Others High Court of Judicature at Bombay
02-11-2019 Rajendra Prasad Versus Sikkim University & Others High Court of Sikkim
25-10-2019 K. Rajendra Prasad & Others Versus State of Andhra Pradesh & Others High Court of Andhra Pradesh
18-10-2019 Rajendra Agrawal Versus State of Bihar & Others High Court of Judicature at Patna
11-10-2019 New India Assurance Co. Ltd. Versus Rajendra Kumar & Another Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
25-09-2019 Kalpana Rajendra Kothari & Others Versus Santosh Arvind Jangam & Another In the High Court of Bombay at Aurangabad
11-09-2019 Krushna Shivaji Patil Versus Parmanand Rajendra Patil & Another In the High Court of Bombay at Aurangabad
05-09-2019 M/s. Sugesan Transport Pvt. Ltd., Rep. by its Director, Kanthibai Rajendra Sheth Versus M/s. E.C. Bose & Company Private Limited, Kolkata & Others High Court of Judicature at Madras
03-09-2019 Raju @ Rajendra Versus State of U.P. High Court of Judicature at Allahabad
16-08-2019 Rajendra Mahadeorao Chaudhary Versus Gajanan Keshavrao Bore In the High Court of Bombay at Nagpur
06-08-2019 Rajendra Kumar Goyal & Another Versus South City Project (Kolkata) Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
06-08-2019 Rajendra Pandit Versus Union of India, Through the Secretary Ministry of Communication, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
05-08-2019 Rajendra Versus The State of Maharashtra & Others In the High Court of Bombay at Aurangabad
30-07-2019 N. Rajendra Reddy Versus The Block Development Officer, Sholingur Panchayat Union, Vellore District & Others High Court of Judicature at Madras
29-07-2019 Rajendra Versus Gopinath In the High Court of Bombay at Aurangabad
29-07-2019 Rajendra Versus Vikas & Others In the High Court of Bombay at Aurangabad
26-07-2019 Rajendra Agarwal & Others Versus State of U.P. & Another High Court Of Judicature At Allahabad Lucknow Bench
22-07-2019 Rajendra Prasad Sharma Versus M/s. Hartin Harris Ltd. High Court of Judicature at Calcutta
18-07-2019 Sujan Bhabani Prasad Chatterjee & Another Versus Rajendra Kumar Singh & Another High Court of Judicature at Bombay
08-07-2019 C. Rajendra Prasad Versus The Tamil Nadu State Legal Services Authority, Rep. by its Member Secretary, Chennai & Others High Court of Judicature at Madras
05-07-2019 Rajendra Versus The State of Maharashtra Through its Secretary, Tribal Development & Others In the High Court of Bombay at Aurangabad
04-07-2019 Rajendra Kumar through Nisar Mohammad Versus The State of Madhya Pradesh High Court of Madhya Pradesh
01-07-2019 Rajendra Shivsing Chanda & Others Versus Additional Commissioner, Amravati Division & Others In the High Court of Bombay at Nagpur
17-06-2019 Rajendra Kumar Versus The State of Bihar & Others High Court of Judicature at Patna
30-04-2019 Siddesh Tours and Travels (Prop.Shri Rajendra Ramdas Yerandekar) Versus The Commissioner of Service Tax Mumbai VII Commissionerate High Court of Judicature at Bombay
23-04-2019 Dr. P. Rajendra Prasad Versus The State of Telangana, rep by its Special Chief Secretary, Health, Medical & Family Welfare Department & Others High Court of for the State of Telangana
18-04-2019 Sant Kejaji Maharaj Smruti & Another Versus Rajendra Deoraoji Raut & Others In the High Court of Bombay at Nagpur
15-04-2019 Rajendra Singh & Others Versus State of Madhya Pradesh High Court of Madhya Pradesh Bench at Gwailor
09-04-2019 Raju @ Rajendra Dashrath Khaire & Another Versus The State of Maharashtra & Another In the High Court of Bombay at Aurangabad
29-03-2019 Rajendra Versus State of Maharashtra & Another In the High Court of Bombay at Nagpur
28-03-2019 Rajendra Kumar Goyal Versus The State of West Bengal & Others High Court of Judicature at Calcutta
26-03-2019 Rajendra R. Vishwakarma Versus The State of Maharashtra High Court of Judicature at Bombay
13-03-2019 Rajendra Vitthal Bahirat & Another Versus Prakash Ramchandra Girame High Court of Judicature at Bombay
28-02-2019 Rajendra Chawla & Others Versus Chandra Prakash Chabda & Others High Court of Chhattisgarh
15-02-2019 National Federation of Fishers Cooperatives Ltd., Through its Managing Director & Another Versus Rajendra Singh & Others High Court of Delhi
12-02-2019 Ashruba Dhondiba Gade Versus Rajendra Shankar Sut & Others In the High Court of Bombay at Aurangabad
12-02-2019 Hiteshkumar Rameshbhai Patel Versus Rajendra Mataprasad Yadav High Court of Gujarat At Ahmedabad
12-02-2019 Rajendra Singh Negi Versus State of Uttarakhand & Others High Court of Uttarakhand
31-01-2019 Rajendra Lalitkumar Agrawal Versus Ratna Ashok Muranjan & Another Supreme Court of India
24-01-2019 Rajendra Sharma Versus State of Rajasthan Through PP. High Court of Rajasthan Jaipur Bench
23-01-2019 Rajendra Sharma Versus Union Of India Through Chairman, Railway Board, Ministry of Railways, New Delhi & Others High Court of Chhattisgarh
14-01-2019 Rajendra Pundlikrao Deore & Others Versus The State of Maharashtra, through Secretary ? Coo-peration & Marketing Dept. & Others High Court of Judicature at Bombay
11-01-2019 Rajendra Kumar Bagaria Versus State of Jharkhand through Central Bureau of Investigation & Another High Court of Jharkhand
10-01-2019 Rajendra Prasad Pal & Another Versus State of U.P.Thru. Prin Secy Deptt of Basic Edu & Others High Court Of Judicature At Allahabad Lucknow Bench
09-01-2019 Veer Rajendra Rajput Versus State of Chhattisgarh High Court of Chhattisgarh
07-01-2019 B. Rajendra Kumar Versus The Airport Authority of India, New Delhi, Represented by Its Chairman & Others High Court of Kerala
07-01-2019 Rajendra Versus State of Karnataka High Court of Karnataka
02-01-2019 Rajendra Prasad Rao Versus Heavy Engineering Corporation Limited, Dhurwa, Ranchi High Court of Jharkhand
12-12-2018 Sant Shankar Maharaj Ashram Trust, Pimpalkhuta, through its Secretary, Rajendra Versus State of Maharashtra, through Secretary Social Justice & Special Assistance Department & Others In the High Court of Bombay at Nagpur
12-12-2018 Rajendra Pralhadrao Wasnik Versus State of Maharashtra Supreme Court of India
07-12-2018 State Transport Co-op. Credit Society Ltd. Versus Rajendra Sudhakar Mahalpure High Court of Judicature at Bombay
29-11-2018 Rajendra Ramakant Vedpathak Versus Tarvidersingh Harbansingh Popali & Others High Court of Judicature at Bombay
02-11-2018 Rajendra Kumar Versus State of Rajasthan High Court of Rajasthan Jodhpur Bench
01-11-2018 M/s. RA Chem Pharma Limited, Rep. by its Managing Director, J. Rajendra Rao & Another Versus State of A.P. Rep. by the Public Prosecutor & Others High Court of Andhra Pradesh
01-11-2018 Rajendra Prasad Singh & Others Versus The State of Bihar & Others High Court of Judicature at Patna
30-10-2018 Shrikant & Rajendra Vilas Choudhary Versus The State of Maharashtra High Court of Judicature at Bombay
26-10-2018 Jonnalgadda Rajendra Prasad/Edukondalur RP & Others Versus Sri Yogananda Lakshmi Narasimhaswami Vari Temple, Rep. by its Single Trustee-cum-hereditary Archaka, Parasaram Lakshmi Vara Prasad, Avanigadda In the High Court of Judicature at Hyderabad
23-10-2018 Rajendra Singh Versus State of Uttar Pradesh Supreme Court of India
19-10-2018 Kallinath Shivyogi Dhange Versus Rajendra @ Apparao Mdhukarrao Vedpathak & Others In the High Court of Bombay at Aurangabad
10-10-2018 Pankaj @ Pintu Rajendra Marve Versus State of Maharashtra In the High Court of Bombay at Nagpur
08-10-2018 A. Rajendra & Others Versus The State, Represented by The Deputy Superintendent of Police, Tiruchendur & Others Before the Madurai Bench of Madras High Court
20-09-2018 Rajendra Singh Versus State of U.P. & Others High Court of Judicature at Allahabad
14-09-2018 Hemant Kumar Jalan & Others Versus Rajendra Bajoria & Others High Court of Judicature at Calcutta
10-09-2018 Khomdram Rajendra Singh Versus The Union of India, Rep. by its Secretary, Government of India, Ministry of Telecommunication, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
05-09-2018 Shivaraj V/S Rajendra and Others. Supreme Court of India