IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CR.APPLN/5122/2010 CHIMAKANT JAGANNATH NAGARGOJE AND ORS V/S STATE OF MAHARASHTRA AND ORS ... Shri Joydeep Chatterji, Advocate for applicants and Shri K.M.Suryawanshi, APP for respondents. ... CORAM : K.U.CHANDIWAL,J. Dated : January 10, 2011 PER COURT :- 1. Heard respective counsel. 2. In a Crime No.28 of 2009, registered at Police Station Patoda, District Beed for the offences under Sections 302 and 201 of Indian Penal Code for death of Bharat Sudam Sirsath occasioned in the night intervening 6.4.2009 and 7.4.2009, powers in terms of Section 438 of the Code of Criminal Procedure are sought to be exercised. 3. Learned counsel for the accused / applicants submits that after lapse of eight months of the first information report dated 7.4.2009 the accused / applicants are falsely tried to be implicated, which is basically a political vendetta, as is more specified in paragraph No.6 of the application. 4. Even though the police officers initially illustrate that one Raosaheb and his son Indar were instrumental in eliminating Bharat, however, subsequent events disclose that present accused/applicants were also instrumental in eliminating said Bharat. Suspicion can not be said to be an area and arouse only on CR.APPLN/5122/2010 (2) politically image or to take benefit of the situation. It cannot be said that there is a callous and fictitious approach either on behalf of the Investigator or the complainant. Consequently, no case for exercise of powers under Section 438 of the Code of Criminal Procedure has been made out. 5. Application rejected. (K.U.CHANDIWAL, J.) ... akl