Shri Shridhar S/O Ganpatrao Mundokar v. The State Of Mah. Thr P.So. P.S. Arni, Yavatmal

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.515 OF 2019 APPLICANTS :-

1. Shridhar Ganpatrao Mundokar, aged about 62 yrs,occup.Nil

2. Sumitra Shridhar Mundokar, aged about 59 yrs, Occup.Retired.

3. Devrao Bhanudas Ketkar, aged about 55 yrs, Occup. Service.

4. Shanta Devrao Ketkar, Aged about 50 yrs, Occup.Nil.

5. Vipul Devrao Ketkar, aged about 36 yrs, Occup.Private All R/o 1 to 5 Arni Tah.Arni, Dist.

Yewatmal.

6. Kunal Ashok Mundokar, aged about 34 yrs, Occ.Service.

R/o Digras Tah. Digras, Dist.Yewatmal.

7. Sarika Sunil Ketkar, Aged about 38 yrs, Occup. Nil,R/o Arni Tah. Arni,Dist.Yewatmal.

8. Manisha Avinash Shirsagar, Aged about 35 yrs, Occup.Nil.

R/o.Gadchiroli, Maharashtra.

...VERSUS...

2/3 NON-APPLICANTS :- 1. The State of Maharashtra, through Police Station Officer, Arni, Tah.Arni, Dist.Yewatmal.

2. Sau.Swati Wd/o Nilesh Mundokar, Aged about 30 yrs, Occup.Nil.

R/o Krushna Prak Arni, Tah.Arni,Dist.Yewatmal.

-------------------------------------------------------------------------------------------- Mr.V.P.Mohod, counsel for the applicants.

Mr.S.M.Ghodeswar, APP for respondent No.1-State. Mr.R.N.Raulkar, counsel for respondent No.2 --------------------------------------------------------------------------------------------- CORAM : SUNIL B.SHUKRE & M.W.CHANDWANI, JJ.

DATE : 05.12 .20 .

O R A L J U D G M E N T (Per :Sunil B.Shukre, J.) (1) Heard.

(2) Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. (3) On going through the Fist Information Report and the material available on record, we find that except for the applicant Nos.1 and 2, the allegations made against the remaining applicants are of general nature and therefore, we do not think that the offences registered against them are constituted on the

3/3 basis of such general allegations. These general allegations made in the nature of the applicant Nos.3 to 8 encouraging and instigating applicant Nos. 1 and 2 do not contain any specific allegations as to the manner in which the instigation has been done by these applicants, and therefore, we are of the view that this is a fit case for making interference in the matter by invoking inherent jurisdiction of this Court.

(4) The application is partly allowed and it is directed that the offences registered against applicants namely, Smt. Shanta Devrao Ketkar, Shri. Vipul Devrao Ketkar, Shri. Kunal Ashok Mundokar, Smt. Sarika Sunil Ketkar and Shri. Manish Avinash Shirsagar vide crime No.0184 of 2019 of Police Station Arni dist. Yavatmal are hereby quashed and set aside.

(5) The application of the remaining applicant Nos.1 and 2 is hereby rejected.

( M.W.CHANDWANI,J) (SUNIL B. SHUKRE,J) Signed By:KAVITA PRAVIN TAYADE P. A.