VIKRAM GANPAT PHADTARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Applicant is filed under Sec. 438 of the Code of Criminal Procedure (for short ' Cr.P.C .) in connection with C.R.No.149 of 2023 registered with Malegaon police station, Baramati, Pune for the offences punishable under Ss. 302 r/w. 34 of the Indian Penal Code (for short ' IPC ').

(2.) According to the prosecution, there was dispute between the Applicant and the family of victim. There were previous complaint filed by the parties. On 12/4/2023 at about 8:00 am when the informant along with his brother Vinod Phadtare were proceeding from their field to their home, Vishal Phadtare came there and assaulted Vinod by using big stone. The informant pleaded not to assault his brother. However, Vishal assaulted Vinod by using stone resulting into grievous injury to him. Due to injury, brain of the deceased came out from the scalp . The incident occurred at around 8:45 am on 12 th April, 2023 and the first information report was lodged on 15:14 hours.

(3.) The Applicant, therefore, filed an application under Sec. 438 of Cr.P.C. before learned Sessions Jujdge, Baramati, Pune, which has been rejected by an order dated 26 th April 2023. Aggrieved thereby, the Applicant has filed the present application.