1 APL 421.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APL] NO. 421 OF 2025 APPLICANTS : 1] Manish S/o Laxmanrao Raut, Aged about 47 years, Occu. Press Reporter R/o Khetan Nagar, Akola, Dist. Akola. 2] Dipak S/o Sukhdeo Raut, Aged about 32 years, Occu. Business, R/o Behind Regional Workshop, Sainath Nagar, Khadki Bu. Akola, Tah. & Dist. Akola. VERSUS NON-APPLICANTS : 1] State of Maharashtra, through Police Station Officer, Police Station, Khetan Nagar, Tah. Akola, Dist. Akola. 2] Jagdish S/o Arun Magar, Aged about 32 years, Occu. …. R/o Near Samakshi High School, Malkapur, Akola, Tah. Akola, Dist. Akola. -------------------------------------------------------------------------------------------------- Mrs. Anjana M. Raut, Advocate for the applicants Mr. H. D. Futane, A.P.P. for the non-applicant no.1/State Nobody appears for non-applicant no.2 -------------------------------------------------------------------------------------------------- CORAM : M. W. CHANDWANI, J. DATE : OCTOBER 13, 2026. ORAL JUDGMENT : 1. Heard. ADMIT. Taken up for final disposal forthwith 2026:BHC-NAG:13970-DB 2 APL 421.25 by the consent of the learned counsel appearing for the parties. 2. This application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeks quashing of First Information Report (FIR) No. 188/2025 dated 28.02.2025 registered with Police Station, Khadan, Akola for the offences punishable under Sections 324(4), 118(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), the consequent Charge- sheet No. 276/2025 dated 21.08.2025 and Regular Criminal Case No. 1422/2025 pending before the learned Judicial Magistrate, First Class, Akola. 3. The facts of the case, in brief, are as under :- The complainant/non-applicant no.2 lodged report alleging that on 28.02.2025 at about 12:30 in the night he was standing on road near Ambika Nagar in his four wheeler bearing No. MH-01-VA-6448. At that time two persons came on a motorcycle and broke the glass of his vehicle by means of a wooden log. When the complainant came out of the vehicle, he was assaulted by those two persons. It is alleged that merely because the complainant staged a protest before the Collector office against 3 APL 421.25 the illegal business run by the applicants, they threatened to kill the complainant. It is also alleged that the applicants are the assailants. In the said incident, the complainant suffered loss of Rs.5,000/- as damage to his four-wheeler. Therefore, based on his complaint, the FIR came to be registered for the aforesaid offences. 4. Heard Mrs. Anjana M. Raut, learned counsel appearing for the applicants and Mr. A. G. Mate, learned APP for non- applicant no.1/State. Nobody appears for non-applicant no.2/ complainant. Perused the charge-sheet. 5. Mrs. Raut, learned counsel appearing for the applicants submitted that the applicants have been falsely implicated in this case. She submitted that at the time of the incident the applicants were not present on the spot and were at Hotel Blue. Therefore, according to her, the investigation was not conducted properly and the applicants have been falsely implicated. It is also submitted that the Test Identification Parade was also not conducted in this matter. 6. Per contra, learned APP appearing for the State has 4 APL 421.25 objected the application on the ground that the FIR depicts the names of the applicants. The complainant had already informed the Superintendent of Police that he has threat from the present applicants and thereafter, the aforesaid incident occurred. According to him, identification during the course of trial is also admissible. Therefore, he sought rejection of the application. 7. Perusal of the charge-sheet reveals that the complainant had staged a protest against illegal gambling in the form of matka run by the applicants and showed concern about the new generation being trapped in this illegal gambling. Merely because the complainant agitated against the illegal gambling in the form of matka, the applicants threatened the complainant. This fact is revealed from an e-mail letter dated 24.02.2025 addressed by the complainant to the Superintendent of Police, Akola, which is placed on record. On 28.02.2025, when the complainant was standing on road near Ambika Nagar in his four wheeler, two persons attacked on him. They damaged the vehicle, assaulted him by means of a wooden log and threatened him. Therefore, he lodged the report. 8. The injury certificate reveals that the complainant 5 APL 421.25 sustained injury and the spot panchanama shows that the vehicle was damaged. In this scenario, it will not be proper to give full stop to the entire prosecution at this stage. No doubt, during investigation Test Identification Parade was not conducted by the prosecution, but the same can be conducted during the course of trial. 9. Considering the material contained in the charge-sheet and the fact that the applicants had already informed the Superintendent of Police, Akola regarding the threat given by the applicants, in my view, the facts of the case warrants trial by giving opportunity to the prosecution to prove their allegations. 10. So far as the plea of alibi is concerned, the applicants have produced on record a photo copy of online payment receipt which shows that an amount of Rs.750/- was paid to Hotel Blue on 28.02.2025 at 12:38 am and relying on this document, it is contended that the applicants were present at Hotel Blue at 12:38 am. From the said document it cannot be ascertained whether the applicants were present at Hotel Blue. This document is not of sterling quality. It will not help the applicants at this stage. 6 APL 421.25 11. It will be appropriate to refer to the decision in the case of Rajiv Thapar and others Vs. Madan Lal Kapoor [(2013) 3 SCC 330], wherein in para 30, the Court has laid down a 4-step test to determine if criminal proceedings can be quashed on the basis of defence material/official records prior to trial. Para no.30 of the said decision reads thus:- "30. Based on the factors canvassed in the foregoing paragraphs, we would delineate the following steps to determine the veracity of a prayer for quashing, raised by an accused by invoking the power vested in the High Court under Section 482 of the Cr.P.C.:- 30.1 Step one, whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the material is of sterling and impeccable quality? 30.2 Step two, whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, i.e., the material is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false ? 30.3 Step three, whether the material relied upon by the accused, has not been refuted by the prosecution/ complainant; and/or the material is such, that it cannot be justifiably refuted by the prosecution/complainant? 30.4 Step four, whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice ? 30.5 If the answer to all the steps is in the affirmative, judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the Cr.P.C. Such exercise 7 APL 421.25 of power, besides doing justice to the accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as, proceedings arising therefrom) specially when, it is clear that the same would not conclude in the conviction of the accused." 12. That apart, in order to ascertain the location of Hotel Blue and the distance between the place of incident and Hotel Blue, evidence is required to be adduced in this matter. The applicants can take their defence of alibi during the course of trial. The applicants can produce all this material before the trial Court in support of their defence as per the procedure of the trial. Whether the applicants have been falsely implicated cannot be decided at this stage. All these are the disputed questions that can be gone into during the course of trial. 13. Considering the aforestated facts and the law laid down in the case of Rajiv Thapar and others (supra), this is not a fit case to exercise the inherent powers of this Court. The application deserves to be rejected. Accordingly, the Criminal Application is rejected. 14. Needless to mention that the observations made in this judgment are prima facie in nature and only for deciding this 8 APL 421.25 application. The trial Court shall not be influenced by the same while conducting the trial and deciding the same. (M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: Senior Pvt. Secretary Date: 16/10/2026 18:57:21