Sanjay S/O Namdeorao Turukmane v. The State Of Maharashtra Through The Police Station Officer, P. S. Sindkhiedraja, Buldhana And ANR

Order 1104wp611.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 611/2016.

Sanjay Namdeorao Turukmane -VERSUSThe State of Maharashtra and another Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATE : APRIL 11, 2017.

Heard Shri N.B. Kalwaghe, learned Counsel for the petitioner, Shri V.A. Thakare, learned A.P.P. for respondent no.1 and Shri V.B. Bhise, learned Counsel for respondent no.2.

2.

Perused impugned order under Section 156 (3) of the Criminal Procedure Code. There the learned Magistrate has observed "on perusal of complaint it is revealed that offence alleged are cognizable offence". Thus, prima facie application of mind is apparent.

3.

In the reported judgment at (2013) 10

Order 1104wp611.16 SCC 705 (Anilkumar and others .vrs. M.K. Aiyappa), order reproduced in paragraph no.3 does not record any such satisfaction.

4.

Moreover, in present matter the allegations made by respondent no.2 were looked into by the inquiry committee constituted by the University. That committee has exonerated petitioner. This report is also being looked into by the police authorities. 5.

In this situation, we find present challenge misconceived. Leaving all other contentions on merit open and with liberty to raise the same at appropriate juncture, we dispose of the present petition. No costs. JUDGE JUDGE Rgd.