IZHAR NIZAMULHAK KHAN vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

TRUPTI SADANAND BAMNE Digitally signed by TRUPTI SADANAND BAMNE Date: 2025.01.13 17:53:42 +0530 Trupti 2-APL-881-2022.odt REPORTABLE IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 881 OF 2022 Mr.Izhar Nizamulhak Khan, Age 59 years, Occ. Service, Residing at House No. 1595, Reva Agar Road, Mira- Bhayandar (W), Dist. Thane … Applicant versus 1. State of Maharashtra, through the office of the Learned Public Prosecutor, High Court of Bombay, Mumbai. 2. The Investigating Officer, Mira-Bhayandar Police Station, Mira-Bhayandar (W), Dist. Thane … Respondents … Dr.Dashrath S. Hatle for the Applicant. Mr.S.V.Gavand, Addl.GP for the Respondent -State. Mr.Kishor Mane, API, Bhayandar Police Station. …. CORAM : RAVINDRA V. GHUGE AND RAJESH S. PATIL, JJ. DATE : 6th January, 2025 JUDGMENT (Per: Ravindra V. Ghuge, J.) 1. The Applicant Accused has put forth prayer clause (a) as under : 1 Trupti 2-APL-881-2022.odt “a) This, Hon’ble Court be pleased to call for the records and proceeding in RCC No. 1528 of 2022 from of Ld. JMFC Court at Thane (Mira-Bhayandar) and after perusing the same for its correctness, legality and the propriety of the impugned FIR No. 0047/CR No. 41 of 2022 dated 02/02/2022, instituted by the Bhayandar Police Station under the provision of Section 304A of the Indian Penal Code, be pleased to quash and set aside the same, by allowing the present application”. 2. We have considered the strenuous submissions of the learned Advocate for the Applicant and the learned Addl.PP. 3. The Applicant before us is the Factory Manager of M/s. Shree Shakti Weldtech Private Limited, a Company, registered under the provision of the Indian Companies Act, 1956 (the Act of 1956). The factory was registered under Rule 6 of the Maharashtr