( 1 ) Cri.Appln5105-10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5105 OF 2010 Sampat Onkar Pawar APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Mr. P.B. Rakhunde, advocate for the applicant. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 14th December, 2010] PER COURT : 1. This is an application under section 438 of the Criminal Procedure Code. 2. Heard learned advocate for the applicant and perused the F.I.R. 3. The applicant and his brother allegedly assaulted the informant by means of an axe and wooden bat. It is alleged that on 15th September, 2010 at about 7 p.m., both the brothers went to the house of the complainant and started abusing the complainant alleging that the bandh was ( 2 ) Cri.Appln5105-10 obliterated by the complainant and his family members. They immediately started beating the complainant by means of the axe and wooden bat. The father of the applicant was with them and was beating the complainant by means of slaps and fists. The father-in-law of the complainant received a bleeding injury on the head. It is contended by the learned advocate for the applicant that the other two (2) co-accused have been released on bail and the applicant is likely to be arrested without any reason. It is argued that previously a complaint was filed against the members of the family of the complainant. It is pointed out that a representation was submitted to the Superintendent of Police, Aurangabad and the P.S.O. of Paithan Police Station, yet, no action was taken against the complainant and the family members of Bhanudas Pawar i.e. the victim. 4. It appears that there was some dispute regarding the common bandh and the agricultural lands of the parties. The recitals of the FIR prima facie show that the applicant was armed with a wooden bat which is yet to be recovered. The offence alleged against the applicant and his brother is one punishable under section 326 of the I.P. Code. It further appears that the family members of the applicant attempted to ( 3 ) Cri.Appln5105-10 put pressure on the police machinery through a political party office. Considering these aspects and having regard to prima facie evidence regarding involvement of the applicant, the application is without merit. Hence, it is dismissed. [V.R. KINGAONKAR] JUDGE NPJ/criapln5105-10