(1) CRI. APLN. 4478.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4478 OF 2010 1. Abhimannu S/o Devram Jadhav 2. Himmat S/o Abhimannu Jadhav APPLICANTS VERSUS The State of Maharashtra RESPONDENT ..... Mr. R.R. Karpe, Advocate for the Applicants. Mr. P.P. More, A.P.P. for the respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 1ST DECEMBER, 2010 ORAL ORDER:- 1. Heard. 2. The applicants are named in the FIR as persons who assaulted the staff members of the Tehsil office who had gone to verify the information regarding illegal excavation of the sand from a river-bed. 3. The informant specifically named the applicants saying that they were identified by him. It is argued that the identification was improper (2) CRI. APLN. 4478.2010 since the incident occurred at about 8.15 pm. It is argued further that the role of the applicants is not clear from the F.I.R. and therefore their arrest is not necessary. It is difficult to countenance the arguments advanced by the learned Advocate. First, the F.I.R. purports to show that the staff members alongwith A.S.I. Shri Gavande had gone towards the place in vehicle no. MH-17-T-1744. It is but natural that there was illumination available due to the head lamps of the said car vehicle. 4. Considering the fact that the staff members of the Tehsil office and A.S.I. Gawande were assaulted, and that their attempt to catch-hold of the dumper vehicle loaded with the sand was obstructed, goes to show the handiwork of the members of the sand mafia. Considering the prima facie material available against the applicants, and severity of the allegations, the Application is dismissed. Sd/- [V. R. KINGAONKAR, J.] arp