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2011 Supreme(Bom) 974

SHRIHARI P.DAVARE
Bhaurao Kisan Nagtilak – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. Y.B. BOLKAR, Advocate, for the petitioners.
Smt. Y.M. KSHIRSAGAR, Additional Public Prosecutor, for respondent no.1.
Mr. A.B. GIRASE, Advocate, for respondent no.2.

JUDGMENT: -

Heard learned Counsel for the parties.

2. Learned Adv. Mr. A.B. Girase has filed Vakalatnama for respondent no.2, and also filed affidavit in reply of respondent no.2, and same are taken on record.

3. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, taken up for final hearing.

4. The petitioners herein have filed the present petition under Articles 226 and 227 of the Constitution of India, and also under Section 482 of the Code of Criminal Procedure praying that the criminal proceedings initiated against the present petitioners, on the basis of C.R. No. 76/2009, registered with Bhoom Police Station, and renumbered as R.C.C. No. 222/2009, pending before learned Judicial Magistrate (First Class), Bhoom, be quashed and set aside.

5. The petitioners claim to be the residents of village Rameshwar (Taluka : Bhoom, District: Osmanabad). as well as respondent no.2 herein i.e. complainant is also resident of the same place, whereas respondent no. 1 is the State of Maharashtra represented through Police Inspector, Police Station, Bhoom (District: Osmanabad).

6. It is the contention of the petitioners, that on 13th July 2009, at about 8.00 p.m.
































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