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. CRIMINAL APPLICATION NO.: 2323 OF 2009 Ashru S/o Manikrao Kaldate Versus The State of Maharashtra and others *** Mr. V. M. Humbe, Advocate for the Applicant. Mr. K. M. Suryawanshi, A.P.P. for the Respondent / State. *** CORAM: K. U. CHANDIWAL, J. DATED: 1st OCTOBER, 2009. 1. Heard learned counsel for the accused/ applicant, a police constable, posted at Jamkhed Police Station. 2. The accused/ applicant or rather his group of villagers are at acrimonious relations with other fraction giving rise to various complaints. There was earlier prosecution at the behest of few members from fraction of the applicant herein giving rise to C.R.No.I-57 of 2009. The present F.I.R. [I-59 of 2009] indicates 32 persons and 70 to 75 unknown persons having burgled at the vicinity of the 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. applicant, who belongs to backward community and they have manhandled several persons of the community, abused them in the name of caste. 3. The F.I.R. indicated that it was at the instigation of the present accused/ applicant Ashok Manikrao Kaldate. The F.I.R. meticulously display and illustrate that the accused/ applicant was indeed present at the material time of the incident dated 3rd May, 2009 at 08.30 p.m. The name of present accused/ applicant is figured at serial No.37 and specific role of instigating the mob to finish the fraction was allegedly given. 4. The counsel for the accused/ applicant submits, recording at page 40 of compilation show that at the material time the accused/ applicant was on duty at police station and carried investigation in an other crime for which there is a diary entry at serial No.38 and 41 recorded at 20.01 hours and 21.10 hours. 5. At this stage of the matter, genuineness or 3 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. truthfulness of this entry, though projects a question mark, however, need not to be pondered upon as the plea of alibi as a defence needs to be raised at appropriate stage of the matter. The witnesses who supports the FIR vide Crime No.I-59 of 2009 also indicate about presence of the present accused/ applicant Ashru Kaldate, at the material time and instigating the mob. 6. Learned Superintendent of Police, Ahmednagar, by order dated 4th May, 2009, considering the nature of allegations and accusations, and available information has suspended the accused/ applicant and he is still under suspension. 7. In the above set of facts, it cannot be said that the prosecution against the present accused/ applicant, for an offence under section 307, 120B and various other provisions of IPC including section 3 (1) (x) of SC & ST (Prevention of Atrocities) Act, is frivolous. 4 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. 8. The counsel for the accused/ applicant placed reliance to the judgment in the matter of "State of Haryana and others V/s Ch. Bhajan Lal and others" [AIR 1992 SC 640] ( para 101 thereof) wherein the Honourable Lordships have given categories in which exercises of powers in terms of section 482 Cr.P.C. can be accelerated. Taking recourse to such categories, I find the facts in the present prosecution will not be fitting in the bracket of any such categories. No merit. Criminal application dismissed. Rule discharged. [K. U. CHANDIWAL, J.] Dated:01/10/2009. ans/2323