Bombay High Court

ALKA NAVNATH RATHOD AND OTHERSversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The Court held that the existence of material evidence of assault on police officers precludes quashment of the FIR under its inherent powers.

Summary

The applicants, Alka Navnath Rathod and others, filed a criminal application seeking the quashment of FIR No.98/2025 registered on 13 March 2025 for alleged offences under the Bhartiya Nyaya Sanhita and the Maharashtra Police Act. The FIR was based on information from a Sub‑Inspector that the accused were dealing in illicit liquor, leading to a raid during which the accused allegedly resisted, abused, and assaulted the police with stones, causing injuries to four officers. The applicants contended that the FIR was false and politically motivated, while the State presented investigation papers and medical reports confirming the officers’ injuries. The Court examined whether there was a prima facie case sufficient to warrant continuation of the investigation and whether the inherent powers could be invoked to quash the FIR. Finding material evidence of the alleged assault and injuries, the Court held that the FIR was not frivolous and thus could not be set aside, rejecting the application.

Issues considered

Whether the FIR can be quashed on the ground of being false and politically motivated.
Whether the Court’s inherent powers can be exercised to interfere with a FIR where a prima facie case exists.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 109, 121(1), 132, 189(2), 190, 191(2), 191(3), 351(2), 351(3), 352
Maharashtra Police Act — s. 135

Subjects

FIR quashment
inherent powers of court
criminal procedure
illicit liquor
assault on police officers
political motivation

Judgment

2026:BHC-AUG:4404-DB
                                         (1)                     912-appln-2601-2025.odt



                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                         CRIMINAL APPLICATION NO. 2601 OF 2025

                           ALKA NAVNATH RATHOD AND OTHERS
                                           VERSUS
                       THE STATE OF MAHARASHTRA AND ANOTHER
                                              ...
               Ms. Neha Udawant h/f Mr. Sudarshan J. Salunke, Advocate for
               Applicants.
               Mr. S. A. Gaikwad, APP for Respondents-State.
                                              ...
                                       CORAM : S. G. CHAPALGAONKAR, J.
                                       DATED : 23rd JANUARY, 2026.
               P.C.:-

               1.      The applicants seek quashment of FIR dated 13.03.2025 in

               Crime No.98/2025 registered with Partur Police Station, District

               Jalna for offences punishable under Sections 109, 132, 121(1), 352,

               351(2), 351(3), 189(2), 190, 191(2), 191(3) of Bhartiya Nyaya

               Sanhita, 2023 and Section 135 of Maharashtra Police Act.


               2.      Perusal of FIR would show that investigation was set in

               motion on the basis of information given by respondent no.2. In

               nutshell, it is alleged that on 13.03.2025 informant, who is serving

               as Sub Inspector, State Excise received information that accused

               persons are illegally dealing with illicit liquor. In pursuance to

               said information, informant and other officers raided premises of

               accused and they found that illicit liquor was stored by accused

               persons. It is further alleged that accused resisted raiding party

               from proceeding further in pursuance to investigation and abused

               officers in filthy language. Thereafter, they assaulted officers by
                               (2)                     912-appln-2601-2025.odt



pelting stones.         The officers, who participated in raiding party

suffered injuries.          In light of aforesaid information, Crime

No.98/2025 has been registered with Partur Police Station, Dist.

Jalna.


3.      The learned Advocate appearing for applicants submits that

applicants have been victimized by filing false complaint. They

have been falsely arraigned as accused because of political reasons.


4.      Per contra, Mr. Gaikwad, learned APP appearing for

respondent/State brought to notice of this Court papers of

investigation, which shows that four officers who participated in

raid suffered injuries.        The medical report in respect of such

injuries is made part of investigation papers.


5.      In light of aforesaid facts, prima facie, there is material to

permit investigation and trial. Hence, no case is made out to cause

interference under inherent powers of this Court.


6.      In result, Criminal Application stands rejected.



                                          (S. G. CHAPALGAONKAR)
                                                   JUDGE
Devendra/January-2026

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