CAPTAIN BALIRAM BHASKARRAO SHINDE vs THE STATE OF MAHARASHTRA

Judgment text excerpt

Sayali Sawant/SPG WP-213-2021 13012026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 213 OF 2021 Captain Baliram Bhaskarrao Shinde, Age: 68 years, Occupation: Ex-serviceman, Residing at: Kedar Bangla, Bombay Sappers Colony, Survey No.46, Vadgaon Sheri, District-Pune. … Petitioner. V/s. The State of Maharashtra (Through the Chandan Nagar Police Station, District-Pune.) … Respondent ______________________ Mr. Manoj Mohite, Senior Counsel a/w Ms. Priyanka H. Chavan, Mr. Aditya Shinde, Advocate for the Petitioner. Ms. Madhavi H. Mhatre, A.P.P. for the State. ______________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. RESERVED ON : 26th SEPTEMBER 2025. PRONOUNCED ON : 24th DECEMBER 2025. JUDGMENT [Per : RANJITSINHA RAJA BHONSALE, J] :- 1) Rule. Rule made returnable forthwith and the Petition is taken up for hearing by consent of the parties. 2) By this Petition, filed under Article 226 of the Constitution of 1/30 Sayali Sawant/SPG WP-213-2021 13012026.doc India read with Section 482 of the Criminal Procedure Code, Petitioner an ex- Army Officer seeks quashing of the FIR/C.R.No.1264/2020 dated 4 th October, 2020 registered with Chandan Nagar Police Station, Pune, under Section 304 (Part II) of the Indian Penal Code. 3) By Order dated 2nd February, 2021, this Court issued notice to the Respondent and further issued directions that, the charge-sheet should not be filed without seeking leave of this Court. The ad- interim relief has been continued from time to time by Orders of this Court. 4) Considering, the peculiar nature of the allegations and facts, based on which the First Information Report is lodged and criminal law is set into motion, we feel it necessary to discuss in detail, the case of the