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Bombay High CourtAPPLN/2520/2016disposed off

1. Santosh Eknath Bansod. v. 1. The State Of Maharashtra.

2016-11-15Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice K. K. Sonawane2 pages

2520.16appln FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL APPLICATION NO. 2520 OF 2016 SANTOSH EKNATH BANSOD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for applicant: Mr. A.K. Bhosale APP for Respondent/State:Mr.A.A. Jagatkar Advocate for respondent no.2: Mr.R.A. Jaiswal holding for Mr.A.A. Pimpalwadkar ...

CORAM: S.S.SHINDE & K.K.SONAWANE, JJ.

Dated: November 15, 2016 ...

Heard the learned counsel appearing for the parties.

Perused the investigation papers and also the affidavit filed by respondent no.2.

2.

Investigating Officer in his forwarding letter to the Public Prosecutor has stated that the applicants are absconding and not making themselves available for investigation/ interrogation. It is also stated that the

2520.16appln Investigating Officer wishes to carry out further investigation as to whether the applicants are involved in the similar offences like the present offence.

3.

The fact that the applicants are not making themselves available for investigation is fortified by the arguments of the learned counsel appearing for the applicants that the applicants apprehend their arrest in case they appear before the Investigating Officer. In that view of the matter and keeping in view the investigation papers and allegations in the F.I.R., we do not think that, this is a case for quashing the F.I.R. on the basis of the affidavit filed by respondent no.2.

4.

For the reasons aforesaid, the application stands rejected.

(K.K.SONAWANE, J) (S.S. SHINDE, J) sga/