Veerbhan S/O Atalram Balani Lrs Of Atalram S/O Tuljaram Balani And Others v. State Of Maharashtra, Thr. P.S.O. P.S. Panchpaoli, Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 632/2016.

Sunil Brijlal Chanchalani and others.

-VERSUSState of Maharashtra CRIMINAL APPLICATION (APL) NO. 631/2016.

Mumtaz Sheikh Abdul Rehman Sheikh and others. -VERSUSState of Maharashtra CRIMINAL APPLICATION (APL) NO. 633/2016.

Veerbhan Atalram Balani and others.

-VERSUSState of Maharashtra CRIMINAL APPLICATION (APL) NO. 634/2016.

Veerbhan Atalram Balani and others.

-VERSUSState of Maharashtra 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 & A.S. CHANDURKAR, JJ.

DATE : SEPTEMBER 20, 2016.

Heard Shri M.R. Johrapurkar and Shri A.C. Jaltare, learned Counsel for the applicants and S/Shri S.S. Doifode, V.A. Thakare, J.Y. Ghurde and Shri M.J. Khan, learned A.P.Ps, for non-applicant - State.

2.

Offences in these matters basically arise

out of a private/family dispute, which arose out of a commercial transaction. Respective counsel urge that it has got no impact on general public.

3.

Learned A.P.Ps. appearing on behalf of the State, state that in three matters Section 149 of Indian Penal Code is required to be invoked.

4.

Though learned counsel for the applicants do not accept any fault on the part of their respective clients, upon instructions, so also only to show bonafides, it is stated that if this Court orders, a reasonable amount of costs shall be deposited with the State Government.

5.

Learned A.P.Ps. are opposing any such direction.

6.

As we are satisfied that there is no public law element and Section 149 of Indian Penal Code was invoked only in a private dispute, we accept the statement made bonafidely by the parties before this Court.

7.

There are total 4 matters before this Court.

Accordingly we direct the applicants to deposit an amount of Rs. 5000/- in each matter i.e. total Rs. 20,000/- with the office of the Commissioner of Police

at Nagpur.

8.

If such amount is deposited by the applicants within a period of two weeks from today, prayer clause (i) in all matters shall stand granted. Thus, after deposit, the respective F.I.Rs and consequential proceedings, if any, including Regular Criminal Case/s, shall stand quashed and set aside. 9.

Rule is made absolute accordingly.

JUDGE JUDGE Rgd.

CERTIFICATE is a true and correct copy of original signed judgment/order.

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