Sanjay Sheshrao Doifode And Others v. State Of Maharashtra Thr Pso Ps Balapur Akola

1 912 aba 366-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.366/2025 Sanjay Sheshrao Doifode and others Vs.

The State of Maharashtra through P.S.O., Police Station Balapur, Tq. Balapur, Dist Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Sohoni, Advocate for applicant Shri N.B. Jawade, APP for respondent/State CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 03.07.2025 Apprehending the arrest at the hands of police in connection with Crime No.172/2025 registered with Police Station Balapur, Dist. Akola, for the offence punishable under Sections 190, 191(3), 191(2), 189(2), 125, 115(2), 118(1) and 118(2) of the Bhartiya Nyay Sanhita (BNS) Act, 2023.

2.

Heard learned Counsel for the applicants who submitted that crime is registered on the basis of the allegations that the daughter from the family of the applicants married with son of complainant's relative. On that count, there was a dispute between two families and the FIR bearing No.173/2025 that is the cross complaint is also registered against the informant and his family members. As far as the allegations against the present applicant are concerned, they assaulted the family members of the informant with kicks ad fist blows. Thus, nothing is to be recovered from the present applicants and they

2 912 aba 366-2025 have co-operated with the investigating agency. In view of that the interim protection granted to the present applicants be confirmed.

3.

Learned APP strongly opposed the said application on the ground that the applicants have formed an unlawful assembly and in furtherance of the comment object of the assembly, assaulted the family members of the informant.

4.

On hearing both the sides and on perusal of the investigation papers, it reveals that out of family dispute, the alleged incident has occurred. Both family members have assaulted each other and sustained injuries in the scuffle. Considering the allegation levelled against the present applicants that they have assaulted by kicks and fist blows, their custodial interrogation is not required. In view of that the interim protection granted to the present applicants deserves to be confirmed. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) The interim protection granted to the present applicants- 1) Sanjay Sheshrao Doifode, 2) Digamber Sheshrao Doifode, 3) Nilkanth Sheshrao Doifode, 4) Nitin Nilkanth Doifode, 5) Swapnil Suresh Doifode, 6) Prafull Suresh Doifode and 7) Rushikesh Digamber Doifode, in connection with Crime No.172/2025 registered with Police Station Balapur, Dist. Akola for

3 912 aba 366-2025 the offence punishable under Sections 190, 191(3), 191(2), 189(2), 125, 115(2), 118(1) and 118(2) of the BNS, Act, 2023, is confirmed on the condition that they shall attend the concerned police station once in a week i.e. on every Monday between 10.00 AM and 1.00 PM, till filing of the charge-sheet and shall cooperate with the investigating agency. (iii) The applicants shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.

5.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) R.S. Sahare