Raju @ Tuneshwar S/O Dhruplal Kanhare v. State Of Maharashtra, Through P.S.O. P.S. Sitabuldi, Nagpur And Another

apl217.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.217/2015 (Raj @ Tuneshwar s/o Dhruplal Kanhare ..vs.. State of Maharashtra, through Police Station Officer, Police Station, Sitabuldi and anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A. S. Moon, Advocate for applicant.

Mr. S. B. Ahirkar, A.P.P. for non applicant-State. CORAM : A.B. CHAUDHARI & P.N. DESHMUKH,JJ.

DATE :

APRIL 9, 2015.

Heard learned counsel for the applicant.

Following is the prayer in prayer clause (i) of the application:

"Quash and set aside the F.I.R. No.

6002/2015 dated 12.02.2015 registered at Police Station, Sitabuldi, Nagpur for offence punishable under Section 68 of the Bombay Prohibition Act (Annexure-A) in respect of present applicant."

On perusal of the above FIR, we find that the allegations in the FIR cannot be held to be incorrect in the absence of complete investigation. The allegations are that the applicant, who is manager of a wine shop, was openly serving liquor

apl217.15 and water glasses to the customers on road. We think, unless the investigation is complete, the prayer made above cannot be accepted.

That being so, we make following order.

ORDER

(i) Criminal Application (APL) No.217/2015 is disposed of with liberty to the applicant to take such other steps as are available in law.

JUDGE JUDGE kahale