Shri John vs Commissioner of Police, Nagpur and Others

B.R. Gavai, J.—Rule. The rule is made returnable forthwith. Heard finally by consent of learned Counsel for the parties. The applicant has approached this Court for quashing the first information report registered vide Crime No. 38/13 for offences punishable under Sections 307, 143, 144, 147, 148 and 149 of Indian Penal Code.

Perusal of the first information report reveals that accused No. 1 on account of previous enmity had abused the complainant, i.e. respondent No. 4 and assaulted him with a sharp weapon. It is further alleged that accused No. 2 had also assaulted the complainant near his shoulder. Insofar as accused No. 3 is concerned, the allegation is that he had followed the complainant. Insofar as accused Nos. 4 and 5 are concerned, the only allegation is that they were standing near the gate of the garden.

Shri Dhote, learned Counsel for respondent No. 4/complainant, states that the respondent No. 4/complainant has not named the present applicant and accused No. 4.

In that view of the matter, there is nothing in the first information report so as to connect the present applicant with the crime in question. In the result, rule is made absolute in terms of prayer clause (i) of the criminal application. No order as to costs.