IN THE HIGH COURT JUDICATURE AT BOMBAY

IN THE CRIMINAL APPELLATE JURISDICTION

CRIMINAL
APPEAL NO. 1645 OF 2020
IN
C.C NO 528 OF 2020 IN
KANDIVALI POLICE STATION C.R. NO. 89 OF 2019 DISTRICT:
MAHARSHTRA

In the matter of article 226 constitution

of India.
AND
In the matter of
invoking inherent jurisdiction of Section 482
of Criminal Procedure Code;
AND In the
matter of quashing and setting aside of
the impugned criminal proceedings, bearing
CC No. 528/2020 In Kandivali Police Station
C.R No. 89/2019 dated 10/06/2019 on the sole
ground that the prosecution has miserably
failed and neglected to trace the untraceable
complainant, since past 7 months , and there
is no possibility of commencement of
criminal trial;
AND
In the matter of
fabricated and malicious criminal
proceedings framed against the
petitioner, under section 324, 323, 506 r/w
34 of I.P.C by the complainant and police
official of Kandivali Police Station.
AND
In the matter of impugned F.I.R C.R No.
89/2019 dated 10/06/2019 at Kandivali
Police Station, disclosing grave abuse of law
and justice.
Raghuveer Singh, Age 49
Indian Inhabitant
Residing at C-141 N.R.I Colony, Pratap Nagar
…….Petitioner/Original Accused No.3 Bombay, Maharashta.

Versus
State of Rajasthan (at the instance of Kandivali
Police Station) …….Respondent/org. Complainant

The Honourable Chief Justice

and Other Honourable Companion Justices
of the High Court of Judicature at Bombay

THE HUMBLE PETITION OF THE ABOVENAMED PETITIONER

MOST RESPECTFULLY SHEWETH:

The abovenamed petitioner state and submit as follows:

1. That the petitioner is the Org. Accused No. 3 in C.R. No. 89/2019 of 10/06/2019 of Kandivali
Police Station. The Respondent is the ‘State of Maharashtra through the Kandivali Police station,
in the aforesaid C.R. No. 89/2019 date 10/06/2019.

2. That the facts of the case are as follows:-

(a) On 10/06/2019 the Complainant Mr. Someshwar pratap singh registered an F.I.R No. 89
under Section 323,324,506 r/w 34 of I.P.C at Kandivali Police Station against the petitioner
and two other Co-Accused persons, alleging that the Accused person assaulted the
Complainant on some money matter.

(b) On 12/06/2019 , the petitioner, Co-Accused named LakshRaj singh and Fahad Saeed were
arrested and remanded to police and judicial custody from time to time and later on, released
on bail.( Annexed herewith and marked as Exhibit-A is a copy of the said F.I.R. No.
 89/2019 ).

(c) Subsequently, in the month of August, the charge sheet was also filed by the prosecution.

(d) On 10/08/2019, the charges were framed against the accused including the petitioner.
(Annexed herewith and marked as Exhibit-B is a copy of the charge framed order dated
20/08/2019).

(e) From since past seven months, the prosecution has miserable failed to produce the
Complainant.
(f) On 28/08/2019, the investigating officer filed an application before the Hon’ble trial court
stating that the Complainant is not traceable, as the Complainant has left his old address
residence and shifted to some unknown place.(Annexed herewith and marked as Exhibit-C is
a copy of the Application dated 28/08/2019).

(g) On 20/04/2020, next date of hearing is scheduled, On the said date, the Hon’ble trial court
will give another date of hearing, as the Complainant is not traceable. Thus it is clear that
prosecution is not interested to produce the untraceable complainant, since months and there
is no possibility of commencement of the criminal, trial.

3. Being aggrieved by the aforesaid facts and circumstances and fabricated and malicious criminal
proceedings framed against the said Petitioners/Accused by the Complainant and Respondent, the
Petitioners/Org. Accused begs to move this honorable High Court in its inherent Jurisdiction for
quashing & setting Aside of the said Impugned Criminal Proceedings in F.I.R. no. 89/2019 dated
10/06/2019 at Kandivali Police Station, Mumbai On the following grounds:

GROUNDS

(a) That, 10 months have passed since, the charges were framed in this is no progress in the case.

(b) That, the prosecution has categorically admitted that the complainant is untraceable, since the
past 10 months, which means that there is no possibility of the commencement of the criminal
Trial in this case.
(c) That, the next date of hearing is /20/04/2020, on the said date the Honorable Trial Court will give
another date of hearing, as the prosecution is unable to trace the untraceable complainant.

(d) That, it is evident that there is no fault on the part of the Petitioner/org. Accused.

(e) That, the Respondent/Prosecution is solely responsible for not tracing the complainant and also
for not conducting the criminal Trial, since the past 10 months.

(f) That the aforesaid failure on the part of the prosecution, to trace the untraceable complainant asn
in not conducting the criminal trial, even after said 10 months, evidently proves that the said
impugned F.I.R is a ‘fabricated and concocted complaint registered by the complainant with the
connivance of the Respondent.

4. That the aforesaid submissions are made without any prejudice to one another.

5. That the petitioner craves leave to refer to and reply upon the documentary evidence annexed
hereto.

6. That the petitioner submits that the petitioner has no other effective alternative remedy except to
invoke the inherent jurisdiction of this honorable High Court, under section 226 of the
Constitution of India and Section 482 of the Criminal Procedure Code, 1973.

7. That the Petitioner has not made any other petition either in this honorable court or in the
honorable Supreme Court of India, in respect of the subject matter of petition, save and except
this present Petition.
8. That the petitioner submits that this honorable High Court in its ‘Inherent Jurisdiction’ can
entertain, try and decide this Petition, under Section 226 of the constitution of India and Section
482 of the Criminal Procedure,1973.

9. That the petitioner craves leave to add, amend, delete, change, alter and modify any of the
foregoing paragraphs/grounds, with the permission of this honorable court.

10. That the petitioner submits that this ‘petition’ is not barred by law of limitation and the same has
been filed at the earliest opportunity.
 11. That the petitioner submits that there is no other effective remedy available or left for the said
petitioners, save and except to approach to this Honorable court by this present petition.

12. Under these circumstances, the petitioners/org.Accused, with folded hands prays that this
Honorable Court may be pleased:

(g) To call for the records and proceedings of this case from the Sr. P.I of the Kandivali Police
Station, Mumbai and after perusing the same, quash and to set aside, the said impugned Criminal
proceedings, bearing F.I.R no. 89/2019 dated 10/06/2019.

(h) Considering the peculiar facts and circumstances of this case, the fabricated and malicious
intentions of the complainant, the hearing of this present petition may be kindly expedited.

(i) To grant the cost of this petition;

(j) To order for such further and other relief orders and directives as the nature and circumstances of
the case may require or justify or as this Honorable Court may deem fit and proper in the
aforesaid facts and circumstances of the case;

And for this act of kindness the petitioner shall ever pray for.

Dated this 14 day of April 2020 at Mumbai.

Raghuveer Singh

Petitioner

PETITION DRAFTED, EXPLAINED

AND INTERPRETED BY:

Advocate for the Petitioner

Tushar Choudhary

B-1001, World Trade Center

Barakhamba Road, Mumbai, Mob. No.(8504951640)

VERIFICATION
I, the abovenamed petitioner Raghuveer Singh, aged 45 years, Indian Habitant, residing at the
above mentioned address, do solemnly affirm and declare whatever is stated in paragraphs from
no. 1 to 3 of the foregoing petition is true to my own knowledge and whatever is stated in the
remaining paragraphs from no. 4 to 12 is stated on information and belief and I believe the same
to be true.

Raghuveer Singh

Petitioner

Solemnly declared at Mumbai

On this 14th day of April 2020

Tushar choudhary

Advocate for the Petitioner

INDEX

Sr.
 No. Particulars Annex

1 Memo of petition

Copy of the F.I.R lodged with the Kandivali Police Station,Mumbai copy
F.I.R. No. 89/2019
2 A

Copy of the Charge sheet lodged with the Kandivali Police Station,

3 Vide I.C.R.No. 89/2019. B

4 Copy of the Application dated 28/08/2019, submitted before the Trial C

Court,Mumbai

5 Copy of the Cross Examination of Sessions Case No.528/2019 D

Date: 14.04.2020 Tushar Choudhary

At Mumbai Advocate for Appellant