cran3116.23 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1 CRIMINAL APPLICATION NO. 3116 OF 2023 Arun Vishnupant Bhagyawant VERSUS The State of Maharashtra and another ... Advocate for Applicant : Mr. Rahul G. Joshi h/f Mr. S. N. Lale Yelwatkar APP for Respondent No.1: Mr. S.A. Gaikwad Advocate for Respondent No.2 : Mr. A.P. Raka ….. CORAM : SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ. DATED : 28th FEBRUARY, 2025 PER COURT :- 1. The present application has been filed for quashing the proceeding in R.C.C. No. 126 of 2023, pending before the learned J.M.F.C. Jafrabad, district Jalna, arising out of F.I.R. vide C.R. No. 73 of 2023 dated 14.04.2023, registered with Jafrabad police station, for the offences punishable under Sections 323, 324, 504, 506 r.w. 34 of I.P.C. 2. Heard Mr. Joshi h/f Mr. Lale, learned advocate for the applicant, learned A.P.P. for respondent No.1 State and Mr. Raka, learned advocate for respondent No.2. 3. Learned advocate appearing for the applicant has taken us 2025:BHC-AUG:6155-DB cran3116.23 -2- through the contents of the charge sheet, including the F.I.R.. It is submitted that there is a long standing dispute between the applicant and the family of respondent No.2. He has filed Regular Civil Suit No. 23 of 1999. The matter had come upto this Court and it is still pending i.e. second appeal No. 125 of 2008. He has also pointed out that different F.I.Rs. are filed either by him or by other side. Since so many years, there is enmity and with that background the incident had taken place on 12.04.2023. He had then lodged the F.I.R. on 13.04.2023 vide C.R. No. 71 of 2023 for the offences punishable under Sections 324, 323, 504, 506 r.w. 34 of I.P.C. against present respondent No.2 and her son. However, respondent No.2 had then lodged the present F.I.R. on 14.04.2023 i.e. C.R. No. 73 of 2023 belatedly to give a counter blast. Though it is stated that respondent No.2 and her son were assaulted by the present applicant and three others, yet charge sheet has not been filed against one i.e. son of the present applicant. When on the same set of facts, the police had decided not to file charge sheet, stating that there is no evidence to support the contentions of the informant then, same Rule ought to have been made applicable to the applicant. The Medico Legal Injury certificate of the informant as well as her son would show that there was no injury to both of them. In the F.I.R. it is stated that stick has been used for causing assault but in order to prove the offence under section 324 of I.P.C. there has to be at least simple injury but that is cran3116.23 -3- also not there. Rest of the sections are not cognizable. Therefore, it would be unjust to ask the applicant to face the trial. 4. Per contra, learned A.P.P. submits that since there are cross cases, let there be a trial so that all the points can be considered as to who was aggressive and which offence has been actually committed. Since there are cross complaints, the presence of the applicant at the spot at the relevant time cannot be challenged. 5. Before we proceed, we would like to observe that when we had heard the matter for some time on 14.02.2025 and pointed out that in the injury certificate it is stated that as no injury was found on the person of the informant and her son, we directed the learned A.P.P. to get the original medical examination register from Rural Hospital, Jafrabad. Accordingly, the M.L.C. book of the relevant year and the relevant date has been made available. In fact, we are shocked to know the manner in which the said register has been kept. There is no column in the register which would show the details of injuries. The columns in the said register are not matching to the certificate that has been issued. It has been stated that all entries are taken like that. Then the question comes in respect of cross complaint filed by the present applicant as to whether his name is appearing in the said book and what were the injuries, those were cran3116.23 -4- caused to him and how they are noted. We are unable to get the details of the injuries in the register but the Medical Officer has then annexed OPD papers of the applicant, wherein the injuries are stated. Learned A.P.P. submits that he had made query to the concerned Medical Officer as to how then he would get details of the injuries, the learned A.P.P. was informed that the concerned hospital keeps the O.P.D. papers with it and on the basis of O.P.D. papers, the register is made. Then the question was asked by us as to whether there is O.P.D. paper of the present respondent No.2 and her son, it is now disclosed by learned A.P.P. that some papers could not be traced and the Medical Officer is tracing those papers. Maintaining of register in such a form is certainly prejudicial to all patients. In case of loss of O.P.D. papers, it would certainly create a problem and injustice to the patients. We would be taking up that matter separately but suffice it to say that at this stage as regards the medico legal injury certificates of the informant and her son disclose that there was no injury. Therefore, question of invoking Section 324 of I.P.C. will be out of question. When the M.L.C. was collected prior to filing of the charge sheet, then the investigating officer ought not to have filed the charge sheet, as the ingredients of offences are not made out. For proving the offence under section 324 of I.P.C. there has to be a simple injury caused by instrument for shooting, stabbing or cutting or any instrument, which used as a weapon of offence, is cran3116.23 -5- likely to cause death. Here the weapon that is alleged to have been used is a stick. The spot panchnama shows that the stick was recovered from the spot. The dimension of the stick is 72 cm long. What was the width or diameter of the stick is not disclosed. The stick is not an instrument for shooting, stabbing or cutting. The stick per se will not even cause death unless part of the body on which its assault is made is a sensitive part or assault is vigorously made. Therefore, taking into consideration the weapon, allegedly used in the commission of the crime in the present case and there was no injury to the informant and her son, we are of the opinion that the ingredients of the offence under Section 324 of I.P.C., which is the only cognizable offence, was not made out. The other offences are non cognizable. 6. It appears that there is a rivalry/continuous dispute between the present applicant and respondent No.2’s family, however, the enmity is double edged weapon. When there is F.I.R. that was lodged, though may be prior in time to the present F.I.R., the previous enmity and the counter blast cannot be the ground to quash the F.I.R. and the proceedings. There are statements of witnesses recorded in the matter but the witnesses have stated that the present applicant assaulted the informant and her son by means of stick, but as aforesaid, the said assault by stick cannot be said to be covering the cran3116.23 -6- ingredients of offence under Section 324 of I.P.C. and therefore, even if those statements are in favour of the prosecution, yet they do not attract the ingredients of Section 324 of I.P.C. Only non cognisable offences would remain for which the F.I.R. is not maintainable but there should be a private complaint. With these reasons, the application stands allowed. 7. The proceeding in R.C.C. No. 126 of 2023 pending before the learned J.M.F.C. Jafrabad, district Jalna arising out of F.I.R. No. 73 of 2023 dated 14.4.2023 registered with Jafrabad police station, district Jalna, for the offences punishable under Section 323, 324, 504, 506 r.w. 34 of I.P.C. stands quashed and set aside. 8. In view of our observations in respect of M.L.C. book, before further action is taken or directions are given, we direct the Civil Surgeon, Jalna to visit few more Rural Hospitals or Primary Health Centers in the district and check as to how M.L.C. books are maintained there. He may take photo copies of register maintained there and file an affidavit on the point whether there is uniformity in maintaining the record i.e. register in respect of M.L.C. book, for how many years they are preserving the O.P.D. papers, why there is a discrepancy between the columns in M.L.C. register and the Medico Legal Injury certificate, those are issued to the injured persons or the cran3116.23 -7- police authorities in connection with the crime. He may also explain under which provisions of law the M.L.C. book is directed to be maintained or whether there are Government circulars setting forth the format of the M.L.C. book and if it is there, then why the books are not maintained in that format. Such affidavit to be filed on or before 18.03.2025. 9. Place the matter for further consideration on 24.03.2025. (SANJAY A. DESHMUKH, J.) (SMT. VIBHA KANKANWADI, J.) rlj/