Gorakh S/O. Asaram Bhate v. The Superintendent Of Police, Parbhani And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 CRIMINAL WRIT PETITION NO.1401 OF 2019 GORAKH S/O. ASARAM BHATE

VERSUS

THE SUPERINTENDENT OF POLICE, PARBHANI AND OTHERS Mr. S. S. Thombre, Advocate for the petitioner Mr. B. V. Virdhe, APP for the respondent/State. CORAM : T. V. NALAWADE & M. G. SEWLIKAR, JJ.

DATED : 02-02-2021 P.C. :- .

Heard learned counsel for the petitioner. Seen the contentions made. It appears that crime was registered against the petitioner for the offence punishable under Sections 307, 143, 147, 148, 149, 323, 504 of the Indian Penal Code and under Section 25 of Arms Act. It is a contention of the petitioner that who was also severally beaten and attempt was made on his wife, but police did not register crime in respect of the incident in which beating was given to him. The crime was registered against the petitioner in 2018 and according to him the incident against him also took place almost immediately. In such cases the Court is required to make enquiry to factual aspects and Court is expected to see the record in support of such contention. That can be done by the Magistrate if a private complaint is filed and request is made to make investigation under Section 156(3) of the Code of Criminal Procedure. This Court is not expected to give direction in such a matter list the crime. The present matter is disposed of as dismissed. [M. G. SEWLIKAR, J.] [T. V. NALAWADE , J.] ssp criwp1401.19.odt