Ganesh S/O Samadhan Ujwane And ANR v. State Of Maharashtra Thr Pso., Ps Pinjar, Tq. Barshitakli, Dist. Akola
2026:BHC-NAG:6504 1 22) ABA 276-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 276 OF 2026 GANESH S/O SAMADHAN UJWANE AND ANR VS THE STATE OF MAHARASHTRA Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri V.S.Wankhade, Advocate for applicants.
Shri C.A. Lokhande, APP for non-applicant/State. CORAM: RAJNISH R. VYAS, J.
DATED : 27th APRIL, 2026.
Apprehending arrest, the applicants/accused nos. 1 and 2 have preferred this application in connection with First Information Report No. 200/2026, dated 21/03/2026, registered with Police Station Pinjar, District Akola for the offences punishable under Sections 118(2), 189(2), 190, 191(2), 191(3) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').
2.
In the FIR No. 200/2026, a total of five persons are named, whereas the sixth person is unknown. The reporter of the crime in FIR is Shankar Sanjay Lonagre. In his report, the informant has alleged that, he runs a PaanKiosk in the village and on 14/03/2026, the accused Ganesh Ujwane/applicant no. 1 touched his motorbike to the person of informant and told him that, he had become adamant. The informant did not pay any attention to it and went away. From that time, the said Ganesh started developing revengeful attitude towards the informant. On
2 22) ABA 276-2026.odt 20/03/2026 at about 09.30 p.m., one Ganesh Rathod along with an unknown person who covered his face by handkerchief came to the Paan-Kiosk of the informant and demanded the cigarette. When the informant requested to pay the amount, those persons refused to pay the amount and quarrel took place. They also threatened the informant.
3.
After some time, the applicant(s) along with some other persons came near the Paan-Kiosk of the informant, at which time, Ganesh Rathod/accused no. 5 assaulted the informant on his head by means of handle of a knife, due to which, the informant fell down. Accused no. 3-Pranav Patel assaulted the informant on his hand by way of knife. Mangesh Pradhan/applicant no. 2, whose name is referred to as Mangesh Chandramani in the report, had assaulted on the right hand of the informant. Ganesh Ujwane/applicant no. 1 along with co-accused Pruthviraj Wagh, assaulted the informant by means of fists and blows. At that time, the brother of the informant intervened and the informant was taken to the primary health Centre at Pinjar. It is this incident, which resulted into registration of FIR No. 200/2026.
4.
The learned counsel for the applicants has contended that, if the role assigns to the present applicants are seen, it would reveal that, the applicant Mangesh had assaulted on the hand of the informant, whereas the applicant Ganesh had assaulted by means of fists and
3 22) ABA 276-2026.odt blows on the stomach of the informant. He contended that on 21/03/2026 itself, Pruthviraj Wagh/accused no. 4 in the FIR No. 200/2026 had lodged a report against the informant in FIR No. 200/2026 and his brother, which was registered as FIR No. 202/2026 for the offences punishable under Sections 115(2), 118(1) and 3(5) of the B.N.S. He contended that there are counter cases. According to him, in FIR No. 202/2026, it was categorically stated that Pruthviraj Wagh had been to Paan-Kiosk and demanded pouch of scented tobacco betel nut, at which time, the quarrel took place between Shankar Lonagre/informant in Crime no. 200/2026 and Pruthviraj Wagh. The said Shankar then assaulted Pruthviraj on his stomach by means of knife. He, therefore, submitted that, the false implications of the applicants is apprehended. 5.
Per contra, the learned APP for the State has contended that, both the parties were involved in commission of serious offences and the investigation is at primary stage. He has also produced Injury Certificate of the informant Shankar.
6.
With the help of learned respective counsels, I have gone through the record of the case. It is specifically stated in the FIR that on 14/03/2026, a quarrel took place between the present applicant - Ganesh and the informant. On 20/03/2026, all the accused persons came to the Paan-Kiosk of the informant and assaulted him by means of the handle of a knife so also a knife. The Injury Certificate of Shankar shows that, he sustained three
4 22) ABA 276-2026.odt incised wounds and one contused lacerated wound. One of the incised wounds is on the left side of the cheek (deep). The second incised wound is on left side of forearm (deep). The injuries are stated to be grievous. Thus, material indicate the involvement of the applicants in the offences. In view of thereof, the following order is passed:-
ORDER
Application is rejected.
(RAJNISH R. VYAS, J.) Khapekar Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 27/04/2026 19:47:18