CHUNNU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed under Section 438 of Cr.P.C. by the applicant, who is apprehending his arrest in connection with CR No.420/2020 dated 31.8.2020, registered with Hingoli City police Station, Dist. Hingoli for the offences punishable under Sections 353 , 341 , 332 , 379 , 143 , 279 and 504 of IPC.

(2.) Heard learned Advocate for the applicant and learned APP for Respondent-State.

(3.) It has been vehemently submitted on behalf of the applicant that all the family members of the present applicant have been falsely implicated in the case. The information has been lodged by PSI - Gheware of Local Crime branch, who says that he was along with other police staff as he had received secret information about transportation of illegally excavated sand. He then says that they spotted one tractor trolley coming from Bhogaon road. They asked the driver to stop, however, the driver was negligent in driving and wanted to escape and, therefore, he was taking the vehicle in high speed. One motorcycle was also along with him which was going by its side. The tractor was taken from the outskirts of village Garmal. The informant and others were asking him to stop the tractor, however, the tractor driver was not in a mood to listen. Thereafter one more motorcycle, having three person on it, came to rescue the tractor driver. They intercepted the Government vehicle and stopped from chasing the tractor. It was told that if they arrest and seize the tractor then they would be killed. One of the drivers of the motorcycle was asking the tractor driver to operate hydraulic machine to unload the sand. The raiding team was trying to convince them not to take law in their hands. However, those persons were abusing and threatening the police. Four persons, occupying two motorcycles had manhandled the police staff and when the police tried to get some more help from the police force, those persons tried to escape. But, one of them was then caught. When his name and address was asked, he told his name as Nadeem s/o Chunnu Pyarewale, i.e. son of the present applicant and he disclosed the name of other accused persons. Thereafter that person was brought to the police station and PSI has lodged the report.