MAYUR BALASAHEB SOMVANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant has filed the present application, under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') as he apprehends his arrest.

(2.) These proceedings relate to CR No.0314 of 2024. The FIR has been lodged on 9/3/2024 at 16.08 hours by the Tophkhana Police Station, Dist. Ahmednagar. The Ss. invoked are 326, 307 (subsequently added), 143, 144, 147, 148, 149, 427 (subsequently added), 504, 506 of the Indian Penal Code, 1860 ('IPC') and Sec. 4/24 of the Arms Act. There are 7 accused persons, the present Applicant being disclosed as accused No.1.

(3.) The complainant Ajay Karpe, aged 24 years lodged the report stating that his friend Vaibhav Sampat Baraskar was having a tea center. On 8/3/2024 at about 3.00 p.m., the present Applicant and 5 to 6 persons including the co-accused came inside the said premises and the other persons waited outside. Accused Nos.2, 3 and 4 i.e. Omkar Thombre, Abhi Tirandas and Tahir Shaikh came inside the premises and the other persons waited outside. The accused Nos.2 and 3 started saying how 'dare they touch their bhai". They threatening that the complainant should not be kept alive along with his friend. The complainant reported that the present Applicant gave a blow of iron koyata on the head of the complainant. The complainant dodged the blow which fell on his right shoulder and the Applicant then gave a blow to the right knee of the complainant, because of which the latter fail down. On that, accused Nos.3 and 4 followed the complainant including accused Nos.5, 6 and 7, who stated that the complainant should not be left alive and should be killed. However, as and when people gathered outside the canteen, the Applicant and his companions ran away saying that they would not leave the complainant alive. At that time, the father of the complainant's friend Sampat Baraskar brought the complainant to the civil hospital where he was subsequently administered treatment. In such circumstances, the report of the complainant is filed and the FIR is lodged.