This criminal application was allowed where the High Court converted an interim protection order into an absolute order, removing the applicants' condition to appear on weekends.
Interim protection made absolute; condition of weekend attendance revoked.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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criapln3371-12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3371 OF 2012
1. Adinath Devidas Pondhe, Age : 32 years, Occu. Business, R/o New Kawsan, Paithan, Dist. Aurangabad.
2.Ramchandra s/o Parsuram Ahuja,
Age : 55 years, Occu. Business,
R/o Nath Colony, Paithan,
Dist. Aurangabad.APPLICANTS
VERSUS
The State of Maharashtra,
through Police Inspector, Paithan
RESPONDENT
.....
Mr. R.F. Totala, advocate for the applicants.
Mr. R.P. Phatake, A.P.P. for the Respondent-State.
.....
CORAM : M.T. JOSHI, J.
DATED : 25th September, 2012
ORAL ORDER:
1. Heard both sides.
2.The allegations in the present case are that
the applicants had stored 20 to 25 brass of the sand
in their land Survey No. 128 and as such,
apprehending that the said sand may have been
excavated without any authorization, the complaint
came to be filed by the Circle Inspector. The
applicants contended that they have, in fact, legally
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purchased the sand and have also taken royalty
receipts from the seller. The sand was stored for
the purpose of construction of a compound wall.
Copies of the royalty receipts are annexed with the
application at Exhibit-B.
3.The learned A.P.P. has placed before the
Court the report of the Investigating Officer which
shows that the royalty receipts are genuine one.
4.Considering the overall facts, the ad-
interim protection granted by this Court to the
applicants is hereby made absolute. However, the
condition of attendance to the concerned Police
Station by the applicants on Saturday and Sunday is
hereby revoked. The application stands allowed
accordingly.
npj/criapln3371-12
Adinath Devidas Pondhe
Ramchandra s/o Parsuram Ahuja
The State of Maharashtra
M.T. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court