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Bombay High CourtABA/101/2019allowed

Ravindra S/O. Manikrao Gawande v. State Of Maharashtra Thr. P.S.O., Rahimapur,

2019-04-05Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

ABA101.19 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.101/2019 Ravindra s/o Manikarao Gawande ..vs..

State of Mah., thr. Police Station Officer Rahimapur, Tahsil Anjangaon Surji, District Amravati ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri D.S.Lambat, Counsel for the Applicant.

Mrs.M.H.Deshmukh, Addl.P.P. for the State.

CORAM

: M.G.GIRATKAR, J.

DATED : APRIL 5, 2019.

1.

Heard learned counsel Shri D.S.Lambat for the applicant so also learned Additional Public Prosecutor Mrs.M.H.Deshmukh for the State.

2.

Learned Additional Public Prosecutor strongly objects the present application.

3.

Offences are registered against the applicant under Sections 379 and 511 read with Section 34 of the Indian Penal Code and under Section 15 of the Environment Protection Act, 1986 and under Section 3 of the MPDP Act. 4.

There is no dispute that the applicant excavated earth from his own land. Necessary permission was granted. Copy of order dated 11.2.2016 issued by the Tahsildar Anjangaon Surji shows that the applicant was authorized to excavate earth about 50 brass.

5.

Looking to the allegations made against the .....2/-

ABA101.19 1 applicant, ad interim anticipatory bail granted to the applicant on 20.2.2019 stands confirmed.

6.

The criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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