1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.180/2010 Applicant :- Mahendra s/o Dayaram Alone Aged about 30 years, Occu : Private Service, R/o Panchsheel Nagar, Gittikhadan, Nagpur. ...Versus... Non-applicants :- 1. The State of Maharashtra Through P.S. Officer Sadar Police Station, Nagpur, Tq. & Distt. Nagpur. 2. Sunanda Deshmukh w/o Istarji Deshmukh Aged about 27 years, Occu : Police Sub Inspector, r/o Sadar Police Station, Nagpur. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- [Shri A.M. Rizwy, Adv. for applicant] [Shri A.S. Sonare, APP for non-applicant No.1] CORAM:- A.B. CHAUDHARI, J. DATED :- 02.03.2010 1. Learned Counsel for the applicant today has filed undertaking to this Court, signed by the applicant and his Counsel. 2. Learned A.P.P. appears for non-applicant No.1. 3. It is not in dispute that some portion of the ground near Raj Bhavan, Nagpur was being utilized as playground by the students of Anjuman Hami-E-Islam Public Trust, running education institution for the last number of years. However, the F.I.R. came to be registered against the employee of contractor, who at the instance of Trust had gone to level the playground. The offence was thus 2 registered against the applicant. It clearly, therefore, appears to me that the applicant is not the employee of Trust. 4. In this view of the matter the Investigating Officer was called in the Court on the last date and upon taking instructions from her, learned A.P.P. agreed with the fact that the entry made by the applicant was made obviously because Trust had engaged contractor to level the playground used for many years. Therefore report under Section 169 of the Code of Criminal Procedure was required to be filed in the trial Court instead of prosecuting the applicant by filing chargesheet. With this point of view, undertaking has been obtained from the applicant by this Court. 5. It is reported by learned A.P.P. that now the ground is not being allowed to be utilized by the Government for playing. Be that as it may the undertaking is accepted and marked “X” for identification. 6. The Investigating Officer is expected to file report under Section 169 Code of Criminal Procedure in the trial Court accordingly within a period for three months from today. With the above observations and directions, Criminal Application stands disposed of. JUDGE SSW