Sakharam S/O Waman Kawathekar v. The State Of Maharashtra And ORS

3351.15crapln 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. 3351 OF 2015 SAKHARAM S/O WAMAN KAWATHEKAR

VERSUS

THE STATE OF MAHARASHTRA & ORS ...

Advocate for Applicant : Mr.Shaikh Babu h/f Mr.Jayabhar Dattatraya R.

APP for Respondents/State: Mr.V.D. Godbharle. ...

CORAM : S.S. SHINDE & A.I.S. CHEEMA, JJ.

Dated: AUGUST 12, 2015 ...

Heard learned Counsel for the applicant. He submits that in fact, the tractor bearing registration No.MH-23-T-1329 had given dash to the motorcycle bearing registration No.MH-20-DA4588 and as a result, the deceased namely, Deshbhushan died.

Therefore, further investigation so far applicant is concerned, will be an exercise in futility. Even if, the allegations are taken in its entirety and read as it is, it appears that no offence is disclosed against the applicant. He, therefore, submits that the application may be allowed.

3351.15crapln Learned APP vehemently opposed the prayer in the application. He submits that an offence is disclosed and it needs investigation.

Upon perusal of the allegations in the FIR, it appears that an offence is disclosed and needs investigation. No case is made out for quashing the FIR at this stage.

Application stands rejected.

(A.I.S. CHEEMA, J) (S.S. SHINDE, J) kadam/