Fahim Ibrahim Pathan And Another v. The State Of Maharashtra And Another

61-APPLN-4165-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4165 OF 2022 Fahim Ibrahim Pathan and Another ..APPLICANTS

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. S.T. Mahajan, Advocate for applicants Mr. R.B. Bagul, A.P.P. for respondent no.1 - State ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 19th JUNE, 2023 PER COURT :

1.

Heard learned counsel for the applicants. Perused the F.I.R. and papers of investigation. Names of the applicants figure in the F.I.R. Overt acts have been attributed to them. The injury certificate reinforces the informant's case.

2.

It is the case of Applicant No.1 that he is an practicing advocate and on the given day he was in the Court at Aurangabad. Call data records of cell phone of Applicant No.1 are part of police papers. As per the police report, at the relevant time he was within the radius of tower location covering the scene of offence as well.

1 / 2

61-APPLN-4165-22.odt 3.

As such, it is not a case even to issue notice. Hence, application stands dismissed.

( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2