Prakash S/O Janardhan Pimpadkar v. State Of Maharashtra, Through P.S.O. Wani, Yavatmal And Another

apl.183.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APL] No.183 of 2015 (Prakash Janardhan Pimpadkar vs.

The State of Maharashtra, through P.S.O. Wani, and another) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. H.P. Lingayat, Advocate for the Applicant. Mr. H.D. Dubey, A.P.P. for Non-Applicant No.1. CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATE : JUNE 24, 2015.

Heard Advocate Mr. Lingayat for the applicant and learned A.P.P. Mr. Dubey for non-applicant no.1. Perused the complaint lodged by one Baban Shriniwas Soyam (respondent no.2) against Dilip Bhoyar and present applicant.

Efforts of Advocate Mr. Lingayat is to demonstrate that when complainant does not allege any overt act by applicant-Prakash on 10/07/2014, by improvement in the statement of witnesses, overt role of Prakash has been added. This improvement, according to him, is fatal and, hence, applicant should not be made to suffer the persecution by asking him to face prosecution before the trial court. Learned A.P.P. Mr. Dubey submits that at least two statements of colleagues of non-applicant no.2 show participation of Prakash.

apl.183.15 2/2 We find that F.I.R. came to be registered immediately and then charge-sheet was filed on 22/12/2014 under Sections 353, 332 read with Section 34 of the Indian Penal Code. A Regular Criminal Case No.351/2014 has thereafter been started on the file of Judicial Magistrate First Class at Wani. This Court has been approached more than eight months after the registration of F.I.R.

Interest of justice, therefore, can be met by keeping all contentions of Advocate Mr. Lingayat open and by permitting the applicant to appear before the Court of Judicial Magistrate First Class at Wani in R.C.S. No.351/2014 through his Advocate to raise necessary objections and to prosecute it. Hence, with these directions and liberty, and also keeping all contentions of the learned Counsel for applicant open, we dispose of the criminal application. JUDGE JUDGE *sdw