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Bombay High CourtAPPLN/1875/2023disposed off

Yashwant Gopalrao Machale And Others v. The State Of Maharashtra And Another

2023-11-08Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Sanjay A. Deshmukh1 pages

907-APPLN-1875-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1875 OF 2023 Yashwant Gopalrao Machale and Others ..APPLICANTS

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Ms. T.V. Jadhav, Advocate for applicants Mr. P.N. Kutti, A.P.P. for respondent no.1 - State ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 08th NOVEMBER, 2023 PER COURT :

1.

After perusal of the F.I.R., injury certificate and statement of the independent witness, we found each and every applicant has been attributed with an overt act. It is true that Applicant No.3 - Samadhan Devidas Kadam - Parmeshwar had abused the informant over his caste. 2.

In our view, Applicant No.3 - Samadhan Devidas Kadam and none else could be charged for having abused the informant over his caste. The trial Court would frame charge on hearing the applicants, informant and State as well.

3.

With these observations, criminal application is disposed of. Parties to act upon authenticated copy of this order. ( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 1 / 1