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2012 Supreme(Bom) 776

A.P.BHANGALE
Homesh @ Umesh S/o. Vasantrao Thamekar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Applicant:R.M. Daga, Advocate.
For the Respondents: J.B. Jaiswal, A.P.P.

JUDGMENT

1. By this application under Section 482 of the criminal procedure code, the applicant is praying for to quash the criminal proceedings i.e. Regular Criminal Case No. 593 of 2011 pending on the file of the Judicial magistrate, First Class, Court no .2 Wardha.

2. Heard the submissions at the bar.

3. The applicant is charge-sheeted for having committed an offence punishable under Sections 147, 148, 201, 307, 325 read with Section 149 of the Indian Penal Code and Sections 4 and 25 of the Arms Act pursuant to the investigation done in respect of the Crime bearing registration No. 462 of 2010 reported at Wardha (City) Police Station. It is case of the prosecution that, on 29/09/2010, at about 21.30. hours, when the first informant Rajendra Manthanwar, a patwari serving at Tahasil Office, Wardha along with his friend Yogesh Nikam went to the Pan shop situated at Arvi naka to eat betel leaf, the accused persons known by names Bhure, Lakhe, Thamekar and 8 to 10 more persons formed unlawful assembly, surrounded the first informant and threatened to kill the first informant on the pretext that the complainant is always accosting vehicles of the accused, who are in the business of sup











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