Milind Kondaji More v. The State Of Maharashtra And Others

criapln4027-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4027 OF 2013 IN CRIMINAL APPEAL ST. NO. 53 OF 2014 (Milind Kondaji More Vs. The State of Maharashtra and others) ---- Mr. P.S. Agrawal, Advocate for the applicant Mr. V.P. Kadam, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 26/08/2015 ORAL ORDER :

1.

Heard learned counsel for the applicant and learned A.P.P.

2.

The reasoning forwarded by the learned Judicial Magistrate First Class, in the judgement, would show that the reasonable and probable view of the evidence on record is taken. To invoke the ingredients of the offences punishable under section 504, 506 (2) read with section 34 of the I.P. Code, the specific wording of the alleged intentional insult and criminal intimidation is required. That is absent in the evidence.

.

Further, though the complainant/victim has denied the political enmity, his witness has, however,

criapln4027-2013 admitted the same to be between the complainant and the present accused. In that view of the matter, there is no prima facie case for grant of leave to file appeal. In the circumstances, the present application for condonation of delay is hereby dismissed. Consequently, the criminal appeal (St.) No. 53/2014 stands dismissed. [M.T. JOSHI] JUDGE npj/criapln4027-2013