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Bombay High CourtABA/233/2021allowed

Ram Shailendra Haldar v. State Of Mah. Thr. Pso Ps Mulchera Dist.Gadchiroli

2021-06-17Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

12 aba 233-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 233 OF 2021 Ram Shailendra Haldar ...Versus...

State of Maharashtra through PSO, P.S. Mulchera, Distt. Gadchiroli - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- - - Shri A.R. Rawlani, Advocate for the applicant Shri S.D. Sirpurkar, APP for non-applicant/State CORAM : N.B.SURYAWANSHI, J.

DATE : 17/06/2021 Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

The applicant apprehends his arrest in Crime No. 1/2021, registered with Mulchera Police Station, District - Gadchiroli, for the offences punishable under Section 307 of the Indian Penal Code.

3.

First Information Report was lodged by Dharmendra Sarkar, alleging that he was informed by one Subha Bhakt on 01/01/2021 that his brother Sunirmal has met with an accident and the present applicant has given a dash to the two wheeler of Sunirmal from backside. In the said accident, his brother had suffered serious injuries. It is further alleged that there was long standing civil dispute pending between the informant's family and the applicant's family.

12 aba 233-2021.odt 4.

Heard the learned Advocate for the applicant and the learned Additional Public Prosecutor for the State. Perused the case diary.

5.

It is a matter on record that civil dispute is pending between the family of informant and applicant since the year 1988.

6.

After the accident has taken place, the vehicles were attached. The offence is registered in the month of January, 2021 and by now the investigation is almost complete.

7.

The applicant was protected vide order dated 05/04/2021 and the applicant has attended the Police Station as per the directions issued in the said order and has cooperated in the investigation. Nothing is to be recovered from the applicant and the custodial interrogation of the applicant, at this stage, is not necessary.

8.

The criminal application is therefore allowed in terms of interim order dated 05/04/2021.

9.

Till the filing of the charge-sheet, the applicant shall attend the concerned Police Station as and when called by the Investigating Officer.

10.

The application is disposed of.

JUDGE J.Pethe