0912appln1863.10.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.1863 of 2010 Narendra Puranlal Tembhure and ors. ..vs.. State of Mah. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.D.N.Mehta, Adv. for the applicants. Mr.M.J.Khan, A.P.P. for the respondent. CORAM : PRASANNA B. VARALE, J. DATED : 9 th December, 2010. Heard Mr.Mehta, learned counsel for the applicants and Mr.Khan, learned Addl.Public Prosecutor for the respondent/State. The applicants in the present application under Section 438 of Code of Criminal Procedure apprehending their arrest and therefore approached this court for seeking protection at the hands of this court. Mr.Mehta submits that even bare perusal of the report against the applicants would show that there is no material against the applicants to attract the offences under Sections 324, 365, 367, 342, 143 of the Indian Penal Code. Learned counsel further submits that as far as the allegations in respect of applying drugs etc. are not against the applicants but same are against the other accused namely; Chaurasiya Baba. He submits that the applicants are the respectable citizens of the village. Mr.Mehta further submits that the applicant no.1 is a Sarpanch of village and applicant no.4 is retired Police Patil of the village. He further submits that in 0912appln1863.10.odt 2 view of this material, the applicants are entitled to be protected at the hands of this court. Per contra, learned Additional Public Prosecutor has filed his reply and placed material for perusal of this court court. I have gone through the material. The complaint/report lodged by one Tukaram Rahangdale reveals that it was alleged by these applicants that the complainant and his wife are playing black magic in the village. On 18/10/2010 the applicants had been to the complainant and they alleged that the complainant is playing black magic in the village and forcibly took him and one Nandlal Barve in one vehicle i.e. Sumo. The applicants proceeded to one Narsinga Ashram at Balaghat. The other accused Lalchand Kapurchand @ Chaurasiya Baba stated that the father of the complainant was also playing black magic which is inherited by the complainant and thereafter Chaurasiya Baba performed some Pujan. On the next day i.e. on 19/10/2010, Chaurasiya Baba offered some etables to the complainant and one Nandlal and thereafter took them to one lake and thereafter administered black coloured substance in their eyes which caused irritation in the eyes of the complainant and Nandlal. Thereafter, Chaurasiya Baba asked them to change their clothes and issued one Certificate. The bare perusal of the report shows that the applicants alleged the complainant that they are playing black magic in the village and thereafter forcibly carried the complainant and one Nandlal Barve to one Ashram where Chaurasiya Baba applied some substance in their eyes which caused irritation. The offences are serious in nature. The investigation is still in progress. Learned Additional Public Prosecutor submitted that looking to the nature of the offence 0912appln1863.10.odt 3 wherein a complainant and other witnesses, who were subjected to administration of poisonous substance, and the medical evidence conducted so far show that there is virtually loss to the eye sight. The learned A.P.P. submited that the investigation is in initial stage and Investigating Agency is collecting the martial. He further submitted that at this stage if the applicants are protected, there is an apprehension that the investigation would be hampered and applicants may not cooperate the Investigating Agency. In view of the material placed before me, I am of the opinion that there is strong material against the applicants and this is not a fit case to protect the applicants at this stage. In the result, the application is rejected. Interim protection is revoked. JUDGE chute