1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO. 424/2011 Dilip Pralhadrao Rebhe ..vs.. State of Maharashtra, thr. PSO PS Chandrapur WITH CRIMINAL APPLICATION (ABA) NO. 425/2011 Dilip Pralhadrao Rebhe ..vs.. State of Maharashtra, thr. PSO PS Chandrapur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. N. B. Bargat, Advocate for applicant. Mr. V. A. Thakre, A.P.P. for non applicant-State. CORAM : M.N. GILANI, J. DATED : DECEMBER 16, 2011 1. Heard both the sides. Both these applications are filed by the common applicant. Hence, they are being disposed of by this common order. 2. An offence bearing Crime No. 180/2011 punishable under Section 457, 380 read with Section 34 of the Indian Penal Code is registered with Police Station, Chandrapur City against one Pramod Gedam and Raju Wankhede. It is alleged that in between 29.10.2011 to 06.11.2011, there was house breaking in the house of one Kamalkrishna Shil, r/o Bhivapur Ward, Chandrapur and in that, gold, silver ornaments, cash and motorcycle were stolen. 3. An offence bearing Crime No. 165/2011 is registered against the 2 same accused persons in connection with house breaking committed in between 25.10.2011 and 26.10.2011 in the house of one Umesh Yerawar. In that, Gold and silver ornaments, mobile, watch, etc. were stolen. During investigation, it was revealed that the accused sold gold ornaments to one Mahendra Kate and Dilip Rebhe. This Dilip Rebhe is seeking anticipatory bail apprehending his arrest in both these crimes for the alleged offence punishable under Section 411 of the IPC. 4. The fact remains that no offence punishable under Section 411 of the IPC has yet been registered. On the basis of information supplied by the accused persons, visit of the police to the shop of the applicant is inevitable in order to recover the stolen property. Since, the offence punishable under section 411 of the IPC has not yet been registered, both these applications are not tenable. However, in the interest of justice, while disposing of both these applications, it would be suffice to issue directions to the police to give 48 hours notice to the applicant in case, they intend to register offence against him under Section 411 of the IPC. With aforesaid directions, the applications stand dispose of. Hamdast allowed. JUDGE kahale