1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMKINAL APPLICATION NO.: 2263 OF 2009 Bhimraj Shamlal Badoge and others. Versus The State of Maharashtra. *** Mr. Palve, Advocate holding for Mr. D. K. Dagadkhaire, Advocate for the Applicant. Mr. P. M. Shinde, A. P. P. for the Respondent/ State. *** 1. Heard learned counsel for the Applicant and learned A.P.P. Perused the report and the papers annexed. The incident has taken place on 30th May, 2009 in the afternoon when the complainant and his brother were present in the agricultural field Gat No.39, when allegedly the accused with his three brothers, armed with axe, sickle and sticks assaulted the duo, the accused also threatened with dire consequences and to eliminate them since the complainant/ victim has dared to purchase the agricultural field in which the accused staked claim. It is informed, on 25th June, 2009 one Ashok of Lasur Station, has also lodged report against the accused giving rise to infraction of section 323, 504 read with 34 of Indian Penal Code. The accused applicant Bhimraj made himself available to the police, recovery of the incriminating weapons could not be 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. made and he incidentally enjoyed interim protection by order dated 8th July, 2008. Taking survey of above facts, there is no case in terms of section 438 of Criminal Procedure Code. Application is rejected. [K. U. CHANDIWAL, J.] Dated:23/07/2009. ans/226309