1 Cr.Appln.3569.2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3569 OF 2010 Satish S/o Tukaram Kale ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. L.K. Pradhan, advocate for applicant. Mrs. B.R. Khekale, A.P.P. for respondent-State. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 8th September, 2010. PER COURT : 1. This is an application seeking direction under Section 438 of the Criminal Procedure Code. 2. The applicant apprehends arrest in connection with Crime No.II-43/2010 registered at M.I.D.C. Police Station, Ahmednagar for the offences under Sections 3, 4, 5, 7, 33(1) r/w 131 of the PITA Act and the Bombay Police Act. 3. According to the applicant, he is not concerned with the roadside hotel (Dhaba) which was allegedly raided by the Police on 2nd August, 2010. He alleges that he is likely to be arrested without any concern with the alleged crime and is likely to be humiliated. 2 Cr.Appln.3569.2010 4. The recitals of the F.I.R. purports to show that the Police received secrete information to the effect that the applicant was operating the business of the Dhaba, and therefore, the raid was arranged. It further appears that some customers and the prostitutes were found at the place when raid was effected. The F.I.R. would show that the man, who was at the counter of the Dhaba fled away on seeing the Police parties and the panchas. One Asha Baban Wakade was the woman to whom the punter has given amount of Rs.100/- for the alleged sexual pleasure which was offered by her. The F.I.R. further shows that on enquiry with said Asha Baban Wakade, she named the applicant as person who has fled away of the counter and as owner of the Dhaba. 5. The learned Advocate for the applicant would submit that the land was leased out to Laxman Tukaram Kale by the original owner Vinayak Javare. He has invited my attention to the copy of Kararnama (Exh.G) to the application. It appears prima facie that the agricultural land is owned by Vinayak Javare and was let out to Laxman Tukaram Kale for the purpose of running business of Dhaba for a period of three years as shown under the terms of Kararnama dated 1st April, 2009. At the same time, the recitals of the F.I.R. would indicate that the enquiry revealed immediately that the applicant is the real brother of said Laxman and latter had given the said land to the applicant for running 3 Cr.Appln.3569.2010 of business of Dhaba. In view of the prima facie material appearing against the applicant, it can not be said that his arrest is likely to be without any foundation and is likely to be humiliated. No case is made out. The Application is dismissed. (V.R.KINGAONKAR) JUDGE gas/cri3569.10