STATE OF MAHARASHTRA Vs. NARESH P MANE

JUDGEMENT

(1.) THIS criminal revision application is filed against the order of discharge passed by the Metropolitan Magistrate. 12th Court, Bombay in criminal case No. 359/P/94.

(2.) THE present respondent was one of the accused in criminal case no. 359/P/94. According to the prosecution on 14.11.1993 at about 10.15 p.m. accused no. 1 Krishna aged 22 years, accused no. 2 Laxman aged 25 years and accused no. 3 Usman aged 25 years assaulted on R.V. Vhatkar. They were armed with different weapons. In the further statement of the complainant, he has involved some other persons. However, the present respondent, who is arrayed as accused No. 9 is not at all referred to by the complainant or by any other witness and he is joined as accused only on the ground of the allegation that the persons, who assaulted the complainant are his men. During entire investigation, no evidence has been collected against the accused and therefore, the learned Magistrate discharged the accused.