Mohd Anjum S/O Abdul Qayyum v. The State Of Maharashtra, Thr. Pso Ps Mankapur, Dist. Nagpur

1 aba 84.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (ABA) No. 84 of 2021 (Mohd. Anjum s/o Abdul Qayyum ..vs.. The State of Maharashtra through P.S.O., P.S. Mankapur, Dist. Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. F. N. Haidari, Advocate for the applicant Mr. S. A. Ashirgade, APP for the State/non-applicant CORAM : ROHIT B. DEO, J.

DATED : 02-03-2021 Heard.

2.

The applicant is apprehending arrest in Crime 36/2021 registered with Mankapur Police Station, District Nagpur for the offences punishable under Sections 294, 324, 506 read with Section 34 of the Indian Penal Code.

3.

I have perused the First Information Report and the material available in the case diary.

4.

It appears that there is a dispute as regards a plot situated in Mankapur. The report is lodged by contractor who was engaged to construct a guard room. He alleges that the applicant and co-accused assaulted, abused and threatened him. Insofar as the assault is concerned, the applicant allegedly picked up an iron rod and dealt blow to the informant. The injury certificate makes a reference to some pain and tenderness in the forearm. The informant was referred to orthopedic examinations

2 aba 84.2021 which opines that no injury is suffered. That apart, prima facie the possibility that the version of the informant is exaggerated cannot be ruled out. 5.

The only non-bailable offence, according to the learned counsel, is the offence covered by the second part to Section 506.

6.

Custodial interrogation is not required.

7.

The interim protection granted vide order dated 16-2-2021 is made absolute with the only modification that till the charge-sheet is filed, the applicant shall attend the concerned police station as and when required.

8.

The application is disposed of.

JUDGE wasnik