(1) CRI. APLN. 4748.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4748 OF 2010 Rajesh Shriram Lakhote, Age : 42 years, Occu.: Service, R/o. 'Swapna Sakar', Flat No.7, Dutta Colony, Shahunagar, Jalgaon Applicant VERSUS The State of Maharashtra and anr. Respondents WITH CRIMINAL APPLICATION NO.4749 OF 2010 1. Khalid Usman Meman, Age : 44 years, Occu.: Business, R/o : Khadka Road, Bhusawal, Tq.: Bhusawal, Dist.: Jalgaon 2. Shaikh Riyazuddin Kamruddin, Age : 45 years, Occu.: Business, R/o : Khadka Road, Near Rakesh Traders, Bhusawal, Tq.: Bhusawal, Dist.:Jalgaon Applicants VERSUS The State of Maharashtra Respondent ..... Mr. A.M. Gholap, Advocate for the Applicants in Cri. Appln. no. 4748.2010. Mr. Joydeep Chatterji, Advocate for the applicants in Cri. Appln. no. 4749.2010 A.P.P.s for the respondent-State Mr. N.H. Borade, A.P.P. in Cr.Appln. 4748.2010. Mr. B.J. Sonawane, A.P.P. in Cr.Appln. 4748.2010. ..... (2) CRI. APLN. 4748.2010+1 CORAM : V.R. KINGAONKAR, J. DATED : 10TH DECEMBER, 2010 ORAL ORDER:- 1. These are two Applications filed under section 438 of the Code of Criminal Procedure. 2. Heard learned Advocates for the applicants in both the Applications and learned A.P.Ps. Perused the investigation papers. 3. There are counter allegations made by each of the party members. It appears prima facie that applicant Rajesh Lakhote is a Railway employee and is Divisional Secretary of Rail Kamgar Sena. It appears that applicant Khalid runs a canteen at the Railway station, Bhusawal. 4. According to the applicant-Khalid, on 1.10.2010, at about 6.00 pm. while he was returning home, applicant Rajesh and three others came from his behind. They assaulted him and also robbed him of Rs.24000/- alleging that he was not paying the hafta (ransom) of the canteen. As against this, on the same day, FIR was lodged by Shaikh Shakil alleging (3) CRI. APLN. 4748.2010+1 that he was beaten up on 1.10.2010 at about 8.00 pm. by Khalid and Balu Seth alias Shaikh Riyazoddin. It is alleged that informant Shaikh Shakil was stabbed by means of a knife and was injured. 5. It prima facie appears that there is injury certificate which corroborate the averments of the assault on Shaikh Shakil as well as Khalid. Obviously, it prima facie appears that there took place some incident, wherein the two rival groups indulged in the affray and assault of each other. There is prima facie evidence to infer involvement of the applicants in the alleged incident. 6. Under the circumstances, it cannot be said that their arrest would cause unnecessary harassment to either of them. Consequently, both the Applications are dismissed. Sd/- [V. R. KINGAONKAR, J.] arp