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BOMBAY HIGH COURT - BENCH AT AURANGABAD
SMT. VIBHA KANKANWADI, ABHAY S. WAGHWASE, JJ
The State of Maharashtra – Appellant
Versus
Shaikh Gaffar Shaikh Jabbar – Respondent


Advocates:
For the Appellant: Ms. P.V. Diggikar A.P.P
For the Respondent:

ORDER :

1. Heard learned APP.

2. The facts of the case as emerging are that the informant Manik Bhausaheb Chaudhari, who is PSI of Traffic Branch, Chhawni area, Aurangabad was on patrolling duty on 29th September 2015. He found one auto rickshaw parked in no parking area at about 11.30 hours. Present respondent – original accused was the driver of said rickshaw. He started abusing the informant and other police officers in filthy language when the informant was about to issue challan against the accused. It is then stated that the accused parked his auto rickshaw on road in front of out gate of railway station and started scuffling with the police. It is the further prosecution story that suddenly the absconding accused, namely, Shaikh Imran rushed to the spot and started abusing informant and had thought to ablaze the auto rickshaw. It is then stated that both the accused started to set the auto rickshaw on fire, in which the minor son of present respondent - accused Shaikh Gaffar was sitting. Informant had tried to restrain the accused persons but he was caught hold by the accused. It is then stated that absconding accused Shaikh Imran opened back side compartment of the auto ricks

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