TANAJI KONDAJI KANDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.02 of 2023 registered with Aadgaon Police Station, District Nashik dated

(2.) nd January 2023 for offences punishable under Sec. 326, 324, 323, 504, 506 read with Sec. 34 of the Indian Penal Code, 1860 and Sec. 135 of the Maharashtra Police Act, the applicants are seeking relief under Sec. 438 of the Criminal procedure Code, 1973. 2. According to the prosecution, one Suraj Pardeshi lodged a report against the applicants alleging that on 31/12/2022 at about 08:30 p.m., when the complainant was at his house at that time his friend Mr. Vaishnav Amap called him and invited him for new-year party celebration at home and at that time several friends of the complainant were present there. Thereafter at about 09:00 p.m., the complainant went to Satsang Colony, Sawatamali Nagar and at that time quarrel took place between the complainant's friend and the Applicant No.1 on the point of parking. The complainant further alleged that the applicant No.2 also present there and he was abusing complainant's friends and the Applicant No.2 also threatened to assault them by showing Iron Sickle if they would park their vehicle. Thereafter, the present applicants assaulted Hemant Joshi and Vikki Kuwar with hands. When the complainant went to intervene at that time, the present applicant No.1 assaulted the complainant with Iron Rod on his head and due to which complainant fell down and blood was oozing from his head. Thereafter, the friends of the complainant shifted him at Apollo Hospital for medical treatment. Based on these allegations which are detailed in report, the offence came to be registered against the applicants.

(3.) The applicants, therefore, filed an application before the Sessions Court for relief under Sec. 438 of the Criminal Procedure Code, 1973, which came to be rejected by order dtd. 20/1/2023.