SYED ATHAR ALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the applicants and the learned A.P.P. for the State.

(2.) It has been alleged by the complainant against the accused that the accused entered into the shop of complainant and assaulted him and other persons with a stick.

(3.) Learned counsel for the applicants referred to various previous orders of the Civil Court, Appellate Court and order of this Court in Civil Revision Application. Referring to these orders, he has tried to press before the Court that the applicant Saber Ali is the owner and possessor of shop in question. Therefore, no offence under Sec. 427 of the Indian Penal Code is made out. Besides this, he has referred to report dtd. 23/11/2021 lodged against the present complainant alleging that he has tried to enter the shop forcibly. He intended to take the possession of the premises unauthorizedly. Since the complainant could not succeed in the previous civil litigation, he tried to take the law in his hands, particularly applicant Saber Ali. The alleged incident is false. The other co-accused have been arrested and the alleged sticks used in the crime have also been seized from them. No serious injuries have been suffered by the complainant and others. It is a matter arising out of civil dispute between the parties. Therefore, the custodial interrogation of the applicants is not required.