SRINIVASA RAYALU B. v. THE STATE OF MAHARASHTRA AND ANOTHER
APPLN/4342/2022 · 2026-09-10
body2022
DailyLaw.ai
[ 2022 DAILYLAW 3213 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2022 DAILYLAW 3213 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
918-APPLN-4342-2022.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 918 CRIMINAL APPLICATION NO. 4342 OF 2022 Srinivasa Rayalu B. Versus The State Of Maharashtra And Another Mr. A. K. Tiwari, Advocate for Applicant Mr. A. R. Kale, APP for Respondents/State
CORAM :R.M. JOSHI, J DATE :SEPTEMBER 10, 2026 P. C. :
1. Applicant seeks quashment of the FIR No. 65/2022 registered with State Excise Department, Udgir, for the offences punishable under Section 65(f), 77, 81, 82, 83, 86(i), 90, 103 and 108 of the Maharashtra Prohibition Act and RCC No. 115/2023 pending before JMFC, Ahmedpur.
2.
Learned Counsel for the Applicant drew attention of the Court to the first information report, which according to him, indicates that there are omnibus allegations without naming any accused persons. He drew attention of the Court to order dated 25.06.2025 passed by this Court in Criminal Applications No. 3586/2023 and 3589/2023 quashing proceedings bearing RCC No. 115/2023 qua co-accused. It is his submission that having regard to the nature of FIR role attributed against all accused is same and as such, on parity, present Application deserves to be allowed.
3. Learned APP opposed application by contending that the 2026:BHC-AUG:41781-DB
918-APPLN-4342-2022.odt allegations against all accused are different. It is his contention that the material recovered from the spot is said to be belonging to present Applicant.
4. Even if it is accepted for the sake of argument that the material, which was found at the spot belong to the Applicant, as far as offence is concerned, practically allegations against all accused are same. Since the co- accused are granted relief by order dated 25.06.2025 in Criminal Applications No. 3586/2023 and 3589/2023, this Court finds no justification not to allow the present Application on parity. Hence, Application is allowed in terms of prayer clause ‘B’.
(R. M. JOSHI, J.) Malani