(1) CRI.APP. 4167.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4167 OF 2010 Ankit S/o Abhaykumar Abad Age : 19 years, Occu.: Student, R/o Nal Galli, Kadrabad, Tq. and Dist. Jalna .. Applicant VERSUS The State of Maharashtra Through P.I., Sadar Bazar Police Station, Jalna (Copy to be served on Public Prosecutor of Hon'ble High Court, Bench at Aurangabad) .. Respondent ... Mr. R.N. Dhorde, Advocate h/f. Mr. A.B. Kale, Advocate for the Applicant Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 18TH OCTOBER, 2010 ORAL ORDER:- 1. Heard. 2. The learned Advocate would submit that there is inconsistency in the recitals of the FIR regarding immediate admission of the applicant in Mission Hospital, Jalna and the certificate issued by the (2) CRI.APP. 4167.2010 said Hospital which shows that he was admitted on 29.8.2010 at about 9.00 am. and, therefore, the recitals of the FIR cannot be prima facie believed. The incident alleged seems to have taken place on 28.8.2010 at petrol pump. The applicant allegedly taunted and abused the injured complainant. The complainant inquired as to why he was cracking jokes and teasing him. The applicant started beating him. His friends intervened and separated them. It is alleged that after separation, the applicant procured iron hammer from nearby place and dealt a blow on head of the complainant. The complainant therefore fell down in injured condition. 3. At this juncture, it is difficult to say that the applicant is likely to be arrested without any reason and that a false case is made out against him. The inconsistency in the medical certificate may be explained during the course of the investigation and, there may be typographical mistake about the date of admission of the complaint. There is a prima facie evidence to show that the complainant was assaulted by the applicant by means (3) CRI.APP. 4167.2010 of a dangerous weapon. Since involvement in the alleged crime is borne out, prima facie and, therefore, it cannot be said that his arrest is likely to humiliate him. No case made out. Application dismissed. The observations be not considered while deciding any other matter on merits. Sd/- [V.R. KINGAONKAR, J.] arp