PRAKASH DNYANESHWAR GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Section 438 of the Code of Criminal Procedure apprehending arrest under Sections 379 and 427 read with 34 of the Indian Penal Code (the IPC) registered vide Crime No. 330 of 2021 with Karkambh Police Station, Solapur.

(2.) Applicant 's agriculture land is adjacent to the land of informant. A civil dispute is going on between them in respect of agriculture land. According to prosecution, on 23rd September, 2021 at about 7.00 a.m., informant noticed that grape trees were damaged and the iron angles used in the grape garden were missing. While the informant was looking for the same, he found accused Pandurang Bhausaheb Gaikwad, Prakash Dnyaneshwar Gaikwad (applicant), Bhausaheb Dhondiba Gaikwad and Akshay Bhausaheb Gaikwad were taking the iron angles in their tractor trolley. He accordingly lodged the First Information Report (FIR).

(3.) Mr. Sonawane, learned Counsel for the applicant, submits that all the accused have been enlarged on bail. The dispute admittedly is of civil nature. Hence, there is no necessity of custodial interrogation and therefore, the application deserves to be allowed.