Sachin Raosaheb Barse v. Rajendra Rakhama Barse And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.483 OF 2016 Rajendra S/o. Rakhma Barse Age - 42 years, Occu - Agri R/o. Karegaon, Tq. Shrirampur, Dist. Ahmednagar ..APPLICANT

VERSUS

The State of Maharashtra through Shrirampur City Police Station, Dist. Ahmednagar.

..RESPONDENT WITH CRIMINAL APPLICATION NO.3307 OF 2016 IN CRIMINAL APPLICATION NO. 483 OF 2016 Sachin Raosaheb Barse, Age-34 years, Occu-Agri, R/o. Koregaon, Tq. Shrirampur, Dist. Ahmednagar .. APPLICANT

VERSUS

Rajendra Rakhama Barse, Age-42 years, Occu-Agril, R/o. Koregaon, Tq. Shrirampur, Dist. Ahmednagar and anr.

.. RESPONDENTS Mr Shaikh Mazhar A. Jahagirdar, Advocate for applicant in Cri.Application No. 483 of 2016. Mr N.P. Ghanwat, Advocate for Applicant in Cri. Application No.3307 of 2016 Mr C.V. Dharurkar, A.P.P. for respondent.

(2) CORAM : N.W. SAMBRE, J.

DATE : 19th August, 2016 ORDER :

For the reasons stated in Criminal Application No. 3307 of 2016 seeking intervention, same stands allowed.

2.

It is brought to my notice from the statement of Shakuntala and other documents that statements of injured persons namely Rajendra, Raybhan, Vijay, Suresh and Vatsala are not recorded and still in paragraph-8 of the order impugned dated 30th November, 2015, learned Additional Sessions Judge, Shrirampur, District Ahmednagar has made observation that the statement of injured are recorded.

2.

The said observation appears to be contrary to the record. In view of above, in my opinion, the order dated 30th November, 2015 passed by learned Additional Sessions Judge, Shrirampur, District Ahmednagar in Sessions Case No. 33 of 2015

(3) is quashed and set aside with direction to decide the application Exhibit-16 afresh, without being influenced by the observations.

3.

Criminal Application No.483 of 2016 stands disposed of in above terms.

(N.W. SAMBRE, J.) Tupe