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2018 Supreme(Bom) 2836

PRASANNA B.VARALE, VIBHA KANKANWADI
Sheikh Sohel Sheikh Ayyub – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Mr. P. M. Nagargoje, Advocate, for the applicants; Mr. R.B. Bagul, Additional Public Prosecutor, for respondent No.1 / State; Mr. A. S. Savle, Advocate, for respondent No.2

ORDER

Vibha Kankanwadi, J. (Oral) - Present application has been filed for invoking inherent powers of this Court under section 482 of the Code of Criminal Procedure, 1973 for quashing First Information Report (hereinafter referred as ''FIR'') lodged at the instance of respondent No.2 with Jawahar Nagar Police Station, Aurangabad.

2. The applicants have contended that, a crime has been registered on the basis of First Information Report given by respondent No.2/ informant wherein it was stated that, he was returning home at about 9.45 p.m. on 06-08-2016 by walk. He met applicant No.2 near Sutgirni Power House and demanded amount from him. Informant told that, he is not having any amount. Applicant No.2 started abusing him and assaulting him by hand. Even the respondent No.2 assaulted applicant No.2. When he received injuries informant went to Jawahar Nagar Police Station to lodge a report. Since he had sustained covert injury a memo referring him to medical examination was given and he was asked to go to Ghati Hospital. At that time his cousin went there and told him to go to house, and thereafter, by taking one Shabbir Bhai they would go to hospital. His cousin Juber and responden

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