Bombay High CourtBA/867/2018dismissed

Himanshu S/O. Ravishamkar Chandrakar (In Jail) v. The State Of Maharashtra Thr. P.S.O., P.S. Rana Pratap Nagar,

2018-10-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba867.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.867 OF 2018 (HIMANSHU RAVISHANKAR CHANDRAKAR...VS.. STATE OF MAH. THR. PSO PS RANA PRATAP NAGAR, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Muzammil Hussain Advocate for Applicant. Shri N.B.Jawade, A.P.P. for Non-applicant/State. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 06, 2018.

The applicant is arrested on 14th July 2018 in connection with Crime No.175 of 2018, registered by the nonapplicant against him for the offences punishable under Sections 364, 323, 504, 506 of the Indian Penal Code read with Section 135 of the Maharashtra Police Act. The first information report is registered on the complaint of Chetan Mohanrao Nagpurkar that the applicant had kidnapped him from Cafe Illusion, Ring Road, Rana Pratap Nagar, Nagpur with intention to kill him, had taken the complainant to his house and then to an under construction building, asked the complainant to call his sister, abused him and had beaten him by fists and blows and then the applicant dropped the complainant near Candle Light Hotel.

The application is opposed by the Investigating Agency on the ground that another crime is registered against the applicant on the complaint lodged by the mother of the victim.

2 ba867.18 The learned A.P.P. has pointed out that four more crimes are registered against the applicant, one in 2016, two in 2017 and fourth one in 2018.

The advocate for the applicant has pointed out the judgment passed in Sessions Trial No.432 of 2016, by which the applicant is acquitted of the charges framed against him in the prosecution for crime No.646 of 2016 for the offences punishable under Section 307 read with Section 34 of the Indian Penal Code.

Considering the facts of the case, I am not inclined to grant the prayer made in the application. The application is dismissed.

JUDGE RRaut..