Ajay Gajananrao Mhala v. State Of Maharashtra, Thr. Pso Ps Chandur Bazar, Tq. Chandur Bazar, Dist. Amravati

12.apl.95.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.95/2021 Ajay Gajananrao Mhala and Ors. Vs. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Y. S. Gorle, Advocate for Applicants.

Ms M. A. Barabde, A.P.P. for Non-applicant/State. CORAM : V. M. DESHPANDE AND AMIT BORKAR, J J .

DATE : 29/04/2022 .

1.

Heard Shri Y. S. Gorle, learned counsel for the applicants and Ms M. A. Barabde, learned A.P.P. for the State and also perused the detailed reply filed on behalf of the prosecuting agency.

2.

It is the submission of the learned counsel for the applicants that the applicant No.4 was not present at the time of the incident. Thus, the applicant No.4 is setting up the plea of alibi, which can be decided only during trial. From the First Information Report and the reply, it is crystal clear that this is a case wherein the prosecuting agency has prima facie made out a case against each of the applicants, which is required the trial and at this stage while exercising power under Section 482 of the Code of Criminal Procedure, the case of the applicants cannot be appreciated. Hence, the application is rejected. MANOJ MANDADE 11:59 JUDGE JUDGE RGurnule