FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders CRIMINAL APPLICATION NO. 3544 OF 2011 SK AHMED SK CHAND VERSUS THE STATE OF MAHARASHTRA ... Advocate for Petitioner(s) : Mr. Jadhavar R.K. APP for Respondent(s): Mr. B.V.Wagh. ... CORAM : SHRIHARI P. DAVARE, J. Dated: August 23, 2011 ... 1. Perused investigation papers, which were made available by the learned A.P.P. for inspection purpose, as well as heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicant, seeking anticipatory bail, apprehending his arrest under Crime No.I-80/2011, registered with Bidkin Police Station, District Aurangabad, for the offences punishable under sections 353,334,504 and 506 of Indian Penal Code. 3. It appears that offence has been registered on the basis of the complaint lodged by Gajanan Jadhav Police Naik, attached to Bidkin Police Station, Aurangabad on 2.7.2011 in respect of the FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders occurrence of the incident at about 14.00 hours, on the same day. 4. It is alleged that complainant had gone to the house of the applicant at about 02.00 p.m. on 2.7.2011, alongwith P.C. Barde to execute a distress warrant issued by Family Court, Aurangabad in ER No.141/2010, in the matter of Hasinabee Vs. Ahmed. The complainant was in the official Uniform. The complainant met with the applicant herein at his house, but the applicant behaved with him arrogantly and, he allegedly challenged the informant/complainant that to do whatever he could do and refused to co-operate with the informant. It is further alleged that the applicant caught hold of collar of the shirt of uniform of the complainant and further picked up a stone and gave a blow thereof on the face of the complainant and ran away. The complainant sustained injuries on his lips and teeth. Accordingly, it is apparent that the applicant herein, assaulted the complainant when he was in the official uniform and when he had visited the house of the applicant to execute distress warrant i.e. while discharging official duty, but inspite of co-operating the complainant, the FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. Court's or Judge's orders applicant behaved with him arrogantly and refused to accept the process and assaulted him, by means of stone. Injury certificate discloses that the complainant sustained injury on his lips and teeth. Moreover, it also appears that investigation is still under progress. 5. In the circumstances, considering the accusations made against the applicant and nature and gravity thereof, as well as seriousness of the allegations, present application deserves to be rejected. 6. In the result, present application lacks merit, stands dismissed and disposed of finally. ( SHRIHARI P. DAVARE, J. ) aaa/- ***