: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION APPLICATION NO.1012 OF 2008 APPLICATION NO.1012 OF 2008 APPLICATION NO.1012 OF 2008 Abhijeet Nitin Deshmukh & Anr. ...Applicants V/s. The State of Maharashtra ...Respondent Mr.Kunal Cheema, Advocate, for the Applicants. Mr.S.R. Shinde, APP, for the Respondent. CORAM : A.V. NIRGUDE, J. CORAM : A.V. NIRGUDE, J. CORAM : A.V. NIRGUDE, J. DATE : 25TH APRIL, 2008. DATE : 25TH APRIL, 2008. DATE : 25TH APRIL, 2008. P.C.: P.C.: P.C.: 1. Heard Mr.Cheema for the applicant and Mr.Shinde, APP, for the respondent-State. 2. The alleged incident took place on 28th February, 2008 at about 11:00 a.m. at a public place when the applicants allegedly stopped the complainant’s vehicle, a truck containing building material, in order to stop him from doing business of supply of building material. The applicants were heard saying that the complainant should not conduct business in that area because they alone ’control’ that area. The applicants did not stop at that but then assaulted the complainant with the help of : 2 : hockey stick and sword. They even tried to abduct the complainant. The police report suggested that the applicants and the other accused have terrorised the people in the area and probably they have connection with organized crime. 3. Assuming that the complainant did not sustain serious injuries so as to justify offence under section 307 of the I.P.C. yet, the incident as described in the F.I.R. is quite terrorising. It undermines the law and order. The applicants are young people aged 22 and 25 years. This is the age when people are aggressive if they are given undue and unlawful patronage. 4. I am not inclined to use discretion under Section 438 of the IPC. Hence, the Application stands rejected. [A.V. NIRGUDE, J.] [A.V. NIRGUDE, J.] [A.V. NIRGUDE, J.]