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Bombay High CourtAPPLN/749/2016application allowed

Kanta D/O Ambadas Rathod. v. The State Of Maharashtra.

2016-06-13Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1) Cri. Appln. No. 749 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Criminal Application No. 749 of 2016 District : Aurangabad Kanta d/o. Ambadas Rathod [Now Kanta w/o. Satish Pawar], Age : 34 years, Occupation : Proprietor, M/s. Sumit Enterprises, Jalna, R/o. Near Krishna Mandir, Satkarnagarkar, Old Jalna.

.. Applicant.

versus The State of Maharashtra.

.. Respondent.

............

Mr. Joydeep Chatterji, Advocate, for the applicant. Mr. S.J. Salgare, Addl. Public Prosecutor, for the respondent.

............

CORAM : N.W. SAMBRE, J.

DATE : 13TH JUNE 2016 ORAL ORDER :

Heard.

2.

The applicant was granted ad interim protection on 3rd February 2016.

3.

It appears that during investigation the Investigating Officer has noted that the complainant

(2) Cri. Appln. No. 749 of 2016 has tried to mislead the investigating agency. The Investigating Officer has also placed on record the bills of relay which were purchased by one R.S. Electricals from Dhananjay Electricals, which in turn were handed over to the present applicant.

4.

Prima facie, upon perusal of the investigation papers, it could be inferred that there is no direct evidence to connect the applicant with the crime in question.

5.

The fact remains that the investigation carried out by the investigating agency is not satisfactory and there was earlier direction to the Asst. Commissioner of Police to supervise the investigation.

6.

The Application is allowed.

The ad interim protection granted to the present applicant vide order dated 3rd February 2016, is confirmed by directing the applicant to attend the concerned Police Station on 25th June 2016, between 10.00 a.m. and 12.00 noon, and thereafter as and when called by the Investigating Officer for the purpose of investigation.

7.

The investigation, as is directed earlier, is to be supervised by the Asst. Commissioner of

(3) Cri. Appln. No. 749 of 2016 Police.

8.

The Application stands disposed of in the above terms.

( N.W. SAMBRE ) JUDGE ..........

puranik / CRIAPPLN749.16