Samar @ Tillu S/O. Montu Mukharji (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Mulchera Dist. Gadchiroli

ba1211.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.1211/2017 Samar @ Tillu s/o Montu Mukharji ..vs.. State of Maharashtra, through PSO P.S. Mulchera, Dist. Gadchiroli _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. V. N. Morande, Advocate for applicant.

Mrs. G. Tiwari, A.P.P. for non applicant.

CORAM : V.M. DESHPANDE, J.

DATED : DECEMBER 15, 2017 1.

Heard Mr. V. N. Morande, Advocate for applicant and Mrs. G. Tiwari, A.P.P. for non applicant. 2.

The applicant is arrested in connection with Crime No.74/2017 registered with Police Station, Mulchera, Dist. Gadchiroli for an offence punishable under Sections 307, 353, 332, 143, 147, 148, 149, 506 of the Indian Penal Code and Section 5-A (1) and (2) of the Maharashtra Animals Protection Act, 1995.

3.

The reply is filed by the prosecution. It is stated in the reply that the investigation is in progress and it is at primary stage. The learned A.P.P. has filed the reply and stated that crime chart of the present applicant shows that the applicant is having past criminal record inasmuch as there are 17 offences registered against the applicant with Police Stations Mulchera, Chamorshi, Gondpimpri,

ba1211.17.odt Ramnagar, Bhadravati and Forest Area, Pedigudam. It is further stated that the applicant along with co-accused were transporting bullocks, cows, buffaloes and calves for illegal slaughtering and on receipt of such information, the police party made a chase of the said truck. When they were obstructed by the police party, the applicant and co-accused made murderous assault on the police personnel. Looking to this nature of the accusation against the present applicant and the co-accused and looking to the fact that 17 offences are registered against the applicant, in my view, it is not case wherein this Court should exercise the discretion in favour of the applicant. The application is therefore rejected.

JUDGE kahale