Baban @ Dinkar Sitaram Parkhe v. The State Of Maharashtra And ANR

cwp1279.16 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1279 OF 2016 Baban @ Dinkar Sitaram Parkhe, Age-40 years, Occu:Agri./Labour work, R/o-Chombhut, Tq-Parner, Dist-Ahmednagar ...PETITIONER

VERSUS

1) The State of Maharashtra, Through Police Station Officer, Parner Police Station, Tq-parner, Dist-Ahmednagar,

2) Shivaji s/o Chimaji Parkhe, Age-55 years, Occu:Agri., R/o-Chombhut, Tq-Parner, Dist-Ahmednagar.

...RESPONDENTS ...

Mr.Rajendra S. Kasar Advocate for Petitioner. Mr.M.M. Nerlikar, A.P.P. for Resp. No.1.

...

CORAM: S.S. SHINDE AND V.K. JADHAV, JJ.

DATE : 30TH SEPTEMBER, 2016 ORDER :

1.

Heard the learned counsel for the

cwp1279.16 Petitioner and learned A.P.P. for State. We have carefully perused the contents of the F.I.R. Offence is disclosed, needs investigation.

2.

So far as the delay is concerned, it will depend upon the explanation offered at the appropriate time by the informant.

3.

So far as the defence of the Petitioner that at the relevant time he was not present at the spot of incident and he was serving at Saw Mill, the same cannot be considered at the time of quashing the F.I.R.

4.

No case is made out for quashing the F.I.R. The Writ Petition stands rejected.

[V.K. JADHAV, J.] [S.S. SHINDE, J.] asb/SEP16