SADIQ ALLAUDDIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant was admitted to interim protection by order dated 17 October 2019 with a direction being issued to learned APP to produce the case papers of cross FIR, being CR No.738/2019. He was also directed to attend the police station on two dates specifed in the order and thereafter, as and when called for. Learned APP make a statement that he has attended the police station pursuant to the said direction and has rendered his cooperation in the investigation.

(2.) The Applicant is arrested in connection with C.R.No.739/2019 which invoke Sections 323, 324, 326, 504, 506 read with 34 of IPC. The said complaint is lodged at the instance of one Suleman Abdul Gafoor Shaikh, who allege that since some nuisance was occurring in the vicinity on account of three women who had erected a tin shed, at that time, the Applicant intervened. It is alleged that he assaulted him by means of a knife on his back and his brother Arshad had also been given blows on his body, thereby seriously injuring him. The injury certifcates of the complainant Suleman and his brother Arshad tendered by learned APP are perused. As far as Suleman is concerned, he sustained two abrasions, on the left and right side scapular region. As far as Arshad is concerned, the report, which is obtained on 1 November 2019 from the Corporation Hospital at Kandivali, without referring to the time at which he was examined, state that he sustained a fracture on hand and it is described as grievous injury. In the remark column, the certifcate set out that the fracture is on the 5th fnger proximal phalanx.

(3.) The cross FIR registered vide CR No.738/2019 is fled by the present Applicant in the police station in respect the same incident, where he had alleged that when he attempted to intervene, Irfan assaulted him by hand and his brother Arshad threw weighing scale from one of the hawking cart and one Zahir Shaikh assaulted him by means of a pointed weapon like knife, causing injuries on his head. The medical certifcate of Sadiq placed on record at page 34 issued by the Municipal Corporation of Greater Mumbai refect injury in the form of CLW on the left parital region - 2.5 x 1 x 0.5 and learned APP state that this injury is a simple injury. The CR invoke Sections 323, 324, 326, 504 read 34 of IPC.