(1) CRI.APP. 3627.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3627 OF 2010 1. Gorakh Shivram Halnor 2. Parabat @ Vijay Shivram Halnor .. Applicants VERSUS 1. The State of Maharashtra 2. The Superintendent of Police, Ahmednagar .. Respondents Mr. R.K. Temkar, Advocate for the Applicants Mrs. B.R. Khekale, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 27TH SEPTEMBER, 2010 ORAL ORDER:- 1. This is an Application filed under section 438 of the Code of Criminal Procedure. 2. The applicants allege that they are likely to be arrested in connection with crime no. I-197 of 2010 registered at Sangamner Police Station for offence punishable under section 143, 147, 148, 149, 326, 323, 504 and 506 of the Indian Penal Code. 3. The learned Advocate for the applicants would submit that there is a civil dispute between (2) CRI.APP. 3627.2010 the applicants and complainant Anna Khemnar in respect of a common well situated in the lands of the parties and, therefore, false case has been instituted on basis of complaint filed by said Anna. He would submit that the applicants are likely to be arrested without much reason. 4. It appears prima facie that there is a civil dispute going on between the parties in respect of the common well. The suit filed by the applicants is yet pending. Ad-interim injunction alleged to have been issued in favour of the applicants is only to the extent of prohibiting said Anna Khemnar from dis- allowing them to draw water of the well. Though counter FIR is filed by Vijay Holnar i.e. applicant no.2 yet copies of the injury certificate are not placed on record. 5. Perusal of the investigation papers purport to show prima facie, that Dhondabai Nanasaheb Tamnar sustained two injuries, including dis-location of left shoulder joint and complainant Anna also (3) CRI.APP. 3627.2010 received one contused lacerated wound on temporal region and a blunt trauma on lumbar area of the back. The medical certificate prima facie corroborates recitals of the FIR lodged by said Anna Khemnar. It is stated in the FIR that his sister Dhondabai was assaulted by applicant no.1 Gorakh by means of a stick whereas Kailas Tamnar was assaulted by applicant no.2 by means of an axe. 6. Obviously, it cannot be stated that applicants are likely to be arrested without there being any reason and are likely to be humiliated due to the arrest. Mere presence of a civil dispute cannot be a ground to grant blanket protection to the applicants. In such a matter, the custodial interrogation may be necessary for recovery of the weapons. In this view of the matter, Application is dismissed. Sd/- [V.R. KINGAONKAR, J.] arp