SAMIYA KASHIM PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Learned APP states that the Applicant No.1 - Samiya Kashim Pathan whose name is reflected in the Remand Report dtd. 28/02/2023 is not arrayed as an accused in the present crime. In the light of said statement, learned counsel for the Applicants seeks leave to withdraw the Application on behalf of the Applicant No.1. Leave is granted. Application is dismissed as withdrawn as against Applicant No.1.

(2.) This is an Application under Sec. 438 of Cr.P.C. filed by the aforesaid Applicants apprehending their arrest in C.R.No.50/2023 registered with Pandharpur Rural Police Station, Solapur Rural for offences punishable under Sec. 143 , 147 , 324 r/w. 149 of the Indian Penal code.

(3.) The aforesaid crime was registered pursuant to the FIR lodged by Sardar Gulab Shaikh. A perusal of the FIR prima facie reveals that on 13/02/2023, the Applicants and some others formed an unlawful assembly and assaulted the first informant and others by means of kicks, blows and sticks. The records reveal that Azroddin Sardar Shaikh has suffered a fracture of left ulna and 5 th metacarpal of right hand. There are no grievous injuries on vital parts of the body. The injuries sustained by Salima are simple in nature. The records further indicate that Tabassum was allegedly assaulted by Applicant No.2 - Anjum Balu Shaikh and one Sania by means of kicks, blows and sticks. No injury was inflicted on vital parts of this witness.