Heard.

The applicant, who is the first informant, lodged F.I.R. No. 262/2011 at Old City Police Station, Akola, on 17/11/2011, under Sections 325, 307 read with Section 34 of the Indian Penal Code alleging that on 25/11/2011 at about 5:15 a.m., he, in order to attend his duty, had started on his motorcycle to Railway Station, as he was required to travel by Navjeevan Express to the place of his employer. According to the first informant, while his motorcycle was near Maharana Pratap Square, three persons came across to his motorcycle from the direction of Godbole Plot and one of them assaulted the first informant by means of iron pipe. The assailants were known to the first informant by name Ganesh Mehare, resident of Ganesh Nagar, along with Ganesh Raut was also present, who had assaulted on the hands and legs of the first informant by means of pipe. In the result, the first informant fell down. The third person, who had also assaulted the first informant by means of pipe, was unknown to the first informant by name but known to the first informant by face. The first informant could recognize the assailants because of clear visibility due to halogen lights. While the first