( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4420 OF 2010 Gorakh Somnath Mehetre APPLICANT VERSUS The State of Maharashtra & another RESPONDENTS .... Mr. N.V. Gaware, advocate for the applicant. Mr. B.J. Sonawane, APP for the respondents. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 19th November, 2010] PER COURT : 1. Heard. 2. On 15th October, 2010, the informant, who is the Talathi of concerned village, noticed that in a riverbed of river Hanga, sand was being excavated with help of JCB Machine. There were heaps of sand by side of the place and two (2) brass of sand was already found to have been removed. The driver of the JCB Machine informed the complainant that he had excavated the sand under instructions of the present applicant. 3. The applicant apprehends his arrest in connection with Crime No. I-73/2010. ( 2 ) 4. Having heard learned advocate for the applicant and on considering the recitals of the FIR, it is explicit that the name of the applicant is immediately stated by the driver of the JCB Machine to the complainant - Talathi. There is no prima facie material to infer that the complainant was having any animus against the applicant. There is absolutely no reason to infer any concoction of the prosecution story and, therefore, the arrest of the applicant cannot be said to be without foundation. No substance in the application. The application is, therefore, dismissed. [V.R. KINGAONKAR] JUDGE NPJ/criapln4420-10