Shakil Harun Golandaj And ORS. v. Sameer Bashir Shaikh And ANR.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3538 of 2018 Shakil Harun Golandaj & Ors.
.. Petitioners
Versus
Sameer Bashir Shaikh & Anr.
.. Respondents ...
Mr.Rakesh S. Patil for the petitioners.
Mr.S.D. Shinde, APP for the Respondent-State. Mr.Dilip Shinde for the Respondent No.2.
CORAM: SHRI RANJIT MORE & SMT. BHARATI H.DANGRE, JJ.
DATED : 23rd AUGUST 2018 P.C:- Heard learned counsel for the parties.
Petition is filed for quashing the proceedings of the FIR bearing C.R No.0336 of 2018 registered with Islampur Police Station for offences punishable under Sections 307, 143, 147, 148, 149, 504, 506 and 120-B of the Indian Penal Code. The copy of the FIR is annexed at Exhibit-A to the petition. We have gone through the same.
Tilak
2/2 (907)-wp-3538-2018.doc The FIR which invokes and applies Sections 307, 143, 147, 148 and 149 along with Section 120B of the IPC, prima facie discloses that the applicants assaulted the complainant Sameer Bashir Shaikh and it is specifically mentined in the FIR that the applicant no.1 Shakeel was armed with Sattur, whereas Sadiq was armed with weapon like Koyta and they assaulted the complainant in his head. It is also alleged that Zuber Aga hit the complainant with iron rod. After the said assault, the complainant fell down and sustained bleeding injury. Even after falling down, the remaining applicants assaulted the complainant with iron rods and sticks resulting into grave injury to his head.
In the light of the said allegations made in the FIR, we are not inclined to interfere in the petition. The same is dismissed.
It is expressly made clear that the observations made herein above are limited for the purpose of dismissal of this petition, and we have not expressed any opinion on the merits of the case.
(SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J.) by Manali Prasanna Tilak Date:
2018.08.29 18:19:50 +0530 Manali Prasanna Tilak Tilak