1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3271 OF 2010 Sakharam Mahtarba Dighe and others ..APPLICANTS -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. S.T. Shelke, advocate for applicants. Mr. N.H. Borade, A.P.P. for respondent. Mr. V.V. Deshmukh, Advocate for complainant. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 2nd September, 2010. PER COURT : 1. This is an application filed under Section 438 of the Criminal Procedure Code. The applicants apprehend their arrest in connection with Crime No.I-184/2010 registered at Sangamner Taluka Police Station. Though it is stated in the F.I.R. that the offence is registered under Sections 143, 147, 148, 324, 323, 326, 504 and 506 of the Indian Penal Code, the learned A.P.P. submits that after the medical certificate, Section 326 of the Indian Penal Code is also added. 2. It appears that there is civil dispute going on between the complainant and the applicants. It, prima facie, appears that the names of applicants are disclosed as assailants immediately 2 when F.I.R. was lodged on the same day. It is alleged that applicant no.1 and the applicant no.3 assaulted the informant, namely, Punja Ananda Dighe by means of sticks whereas applicant no.2- Ashok assaulted him by means of iron pipe. The informant and his son Ganesh were injured during the course of incident. 3. The learned A.P.P. points out from the investigation papers that the informant-Punja Dighe sustained five fracture injuries out of which one in the compound fracture. It also appears that his son Ganesh sustained one contusion injury on left knee and his wife Anjanabai received three contusion injuries. These aspects, prima facie, show that the applicants are involved in the commission of alleged offence. The offence punishable under Section 326 of the Indian Penal Code is of serious nature. 4. Considering the investigation papers and the submission of the learned counsel and learned A.P.P., I do not find that case is made out to grant discretionary relief under Section 438 of the Criminal Procedure Code to the applicants. Therefore, the application is dismissed. Ad-interim relief is de-clamped. (V.R.KINGAONKAR) JUDGE gas/cri3271.10