Sanjay S/O Ganesh Kamble v. State Of Maharashtra, Through A.C.B. Nagpur And Another

21.01.aba.716.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 716/2015 (Sanjay s/o Ganesh Kamble vs. The State of Maharashtra& anr ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. S.K.Mishra, Sr.Adv. with Mr. Shyam Dewani, Adv. for applicant Mr. N B Jawade, APP for respondent.

CORAM: A.B.CHAUDHARI, J.

DATED : 21st January, 2016.

Heard learned counsel for rival parties.

It is not in dispute that one Nagrare made a demand allegedly on behalf of the applicant in the sum of Rs. 5,000/- and when an attempt was made to make the payment of Rs. 5,000/- , the applicant is said to have brilliantly refused to take the money. It appears that the complainant was after the applicant to accept the money. It is then seen from the record that the applicant approached the concerned Investigating Officer for joining the investigation by written letters. At any rate, looking to the fact that the money was not accepted by the applicant and the applicant had not himself made any demand and had run away from accepting the amount, custodial interrogation has become wholly irrelevant. Hence the following order :

ORDER

a) Rule is made absolute in terms of the interim order dated 31.12.2015 made by this Court.

21.01.aba.716.15 b) The applicant is directed to report to the Investigating Officer on 25, 27, 28,29 and 30th January, 2016 between 11.00 a.m. and 4.00 p.m., for the purpose of interrogation.

JUDGE sahare