- 1 - Criminal Writ Petition No.205/2010 with Criminal Writ Petition No.237/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.205 OF 2010 Ganesh s/o Vishwanath Vispute ... PETITIONER VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Ms Surekha Mahajan, Advocate for petitioner Shri K.S. Patil, A.P.P. for respondent No.1. Shri G.L. Awale, Advocate for respondent No.2. ..... W I T H CRIMINAL WRIT PETITION NO.237 OF 2010 Murlidhar Ramdas More & ors. ... PETITIONERS VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Ms Surekha Mahajan, Advocate for petitioner Shri K.S. Patil, A.P.P. for respondent No.1. Shri G.L. Awale, Advocate for respondent No.2. ..... CORAM : K.U. CHANDIWAL, J. DATE : 21st February, 2011 PER COURT : 1. Heard. The petitioner Ganesh s/o Vishwanath Vispute, - 2 - Criminal Writ Petition No.205/2010 with Criminal Writ Petition No.237/2010 born on 9.9.1994, is facing prosecution in terms of Sections 498-A, 323, 406, 504, 506 read with Section 34 of the Indian Penal Code. Reading the F.I.R. (page 21), dated 2.7.2009, general and sweeping allegations are made against the accused/ applicant Ganesh. The event dated 19.6.2009 again refers to all accused including said Ganesh. It may be that major family members have tried to remove the ornaments or tried to influence otherwise the complainant Smt. Rekha. However, considering the accused/ applicant Ganesh seems to be a parasite in the family, it is seldom that he could not react in a venom against the petitioner, his close relations. The three statements to which the learned A.P.P. has given reference namely of Rajendra, Ratna and Deepak, also do not implicate the accused/ applicant as they are more leaning and ventilating assertions made by Smt. Rekha. It follows, these three witnesses or any other witness have not seen Ganesh to coerce or to cause any sort of ill-treatment. Again, Ganesh, at his teen age, could not be believed to have done this. Consequently, the proceedings to the extent of Ganesh s/o Vishwanath Vispute, petitioner in Criminal Writ Petition No.205/2010 are quashed. Criminal Writ Petition No. 205/2010 allowed. 2. On instructions, learned counsel withdraws Criminal - 3 - Criminal Writ Petition No.205/2010 with Criminal Writ Petition No.237/2010 Writ Petition No.237/2010. Permitted. Criminal Writ Petition No. 237/2010 filed by Murlidhar Ramdas More and others is disposed of as withdrawn. Liberty to approach learned Judge seeking discharge. K.U. CHANDIWAL JUDGE fmp/cwp205.10