{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3591 OF 2010 Machindra Ramchandra Aher & Others APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS WITH CRIMINAL APPLICATION NO.3585 OF 2010 Machindra Ramchandra Aher & Others APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS WITH CRIMINAL APPLICATION NO.3586 OF 2010 Machindra Ramchandra Aher & Others APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS WITH CRIMINAL APPLICATION NO.3590 OF 2010 Machindra Ramchandra Aher & Others APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr.R.N.Dhorde h/f Mr.A.C.Darandole, Advocate for the applicants Mr.D.R.Kale, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] {2} DATE: 22nd October 2010 PER COURT: 1. It appears that Doma Tamang and Mirkabai Tamang had filed Miscellaneous application No.190/2010 before the JMFC, Kopargaon, against the present applicants and 25/30 others alleging that they had abused the complainants, damaged the hotel property, looted the cash and assaulted the complainants. It further appears that similarly Rukmaya Tamang had filed Miscellaneous Application No.189/2010, Sita Lekhi had filed Miscellaneous Application No.188/2010 and Neetu Lama had filed Miscellaneous Application No.173/2010 in the same Court alleging the same contentions. It further appears that the JMFC, Kopargaon has directed the police to investigate u/s 156 (3) of the Criminal Procedure Code, vide order dated 17.03.2010. It further appears that on the basis of said order an offence at Crime No. 86/2010 came to be registered at Kopargaon police station and hence the applicants are apprehending their arrest and, therefore, they are before this Court. 2. It appears that interim protection is granted to the applicants on 07.09.2010, which is still in existence. 3. Today, when the applications came up for final hearing, heard learned counsel for the applicants followed by the submissions of learned APP. Perused the papers of investigation. {3} 4. As all these applications arise out of one crime, they are being disposed of by this common order. 5. Allegations in all the private complaints are that on 6th March 2010 at about 10.30 a.m. the applicants had assaulted the complainants and ransacked their hotels, which are located at different places. By no stretch of imagination it is possible that the applicants were present at four different places at one and same time on the same date. It appears that the JMFC has passed the order directing investigation in the complaint, mechanically. In the premise, and considering the fact that stereo type allegations are made, custodial interrogation of the applicants is not necessary. Therefore, all the applications deserve to be allowed. 6. In the result, all the applications are allowed. Interim protection granted on 7 th September 2010 is hereby confirmed and extended till filing of the charge sheet. The applicants are directed to attend the concerned police station, if required for interrogation, on written intimation from the IO concerned. The applicants not to contact the complainants and prosecution witnesses. [A.V.POTDAR, J.] drp/B10/criapln3591-10