Bombay High CourtAPPLN/462/2015partly allowed and partly dismissed

Azam Khan S/O Samad Khan And Others v. The State Of Maharashtra And Another

2016-01-07Hon'Ble Shri Justice A.V. Nirgude,Hon'Ble Kum. Justice I.K. Jain2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 462 OF 2015 Azam Khan s/o. Samad Khan & Others ..

Applicants

Versus

The State of Maharashtra & another ..

Respondents Smt. U.T. Pathan, Advocate for the applicants. Mr. K.S. Patil, A.P.P. for respondent No.1.

Mr. P.S. Agrawal, Advocate for respondent No.2. CORAM : A.V.NIRGUDE & INDIRA K.JAIN, JJ.

DATED :

07.01.2016 P.C. :- 1.

Heard. With the help of learned A.P.P., we perused police papers. We realized that there is no ground to proceed against applicant Nos.5,8&9. Applicant No.5 is not residing in the house where incident took place. Accused Nos.8 & 9 are very old persons, who could not have committed the offence alleged against them. We are convinced that this case should not continue against them.

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We, therefore, allow the application partly. The F.I.R. in Crime No.172 of 2014 registered with Hingoli (City) Police Station stands quashed against applicant No.5 - Halima w/o. Sheru Khan, applicant No. 8 - Niyamat Khan s/o. Abbas Khan and applicant No. 9 Rahmat Khan s/o. Niyamat Khan.

[INDIRA K.JAIN,J.] [A.V.NIRGUDE,J.] /2016/ 16/ snk JAN /cria462.15