Kashim Makbul Khan v. The State Of Maharashtra And ANR

2026:BHC-NAG:4926

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.145 OF 2026 Vasudeo Namdeo Lambe Vs. State of Maharashtra __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri B.K. Suchak, Advocate for applicant.

Shri S.B. Bissa, AGP / APP for respondent/State. CORAM : M.W. CHANDWANI, J.

DATE : 26.03.2026.

1.

The applicant is apprehending his arrest in connection with Crime No..371/2025 registered with Police Station, Mehkar, District Buldhana for the offences punishable under Sections 132, 296 and 351(2) of the Bhartiya Nyaya Sanhita, 2023.

2.

Heard learned counsel for the applicant as well as the learned Additional Public Prosecutor for non-applicant/ State. Perused the case diary.

3.

It appears that on 20.06.2025 the complainant alongwith his colleagues was removing encroachment between Vatika Square to Indraprastha Square in Mehkar city, where the applicant had encroached upon, by installing tin-shed for putting the display board of his shop 'Kalubai Travels'. When the complainant and his colleagues asked him to remove that encroachment, he manhandled them, abused them in filthy language and also assaulted them by

means of fist blows. Therefore, on the complaint of the complainant, the aforesaid offence came to be registered. 4.

It is informed by the learned counsel for the applicant that the applicant has removed the encroachment and photographs have been filed on record to that effect. None of the injured persons have sustained any serious injuries as a result of the assault. The applicant is ready to show full cooperation with the investigating agency and therefore, he may be protected from arrest.

5.

It appears that nothing is required to be seized from the applicant and therefore, his custodial interrogation may not be required. The offences are not punishable with more than five years. The applicant was protected by ad interim order dated 23.02.2026 and was directed to appear before the concerned police station. Accordingly, the applicant has appeared and cooperated with the investigating agency. 6.

Considering the nature of allegations, punishment prescribed and the fact that the applicant has cooperated with the investigating agency, further custodial interrogation of the applicant may not be required and therefore, a case is made out for confirmation of the interim order dated 23.02.2026.

7.

The application is allowed. Interim order dated 23.02.2026 stands confirmed.

8.

The applicant shall attend the concerned police station as and when directed by the investigating officer. 9.

With this, the application stands disposed of. (M.W. Chandwani, J.) Wagh