@JUDGMENTTAG-ORDER
K.U. Chandiwal, J.@mdashHeard extensively. The accused/applicants have urged to release them in the event of arrest, in Crime No. 44/2012 registered at Police Station, Basmat (District: Hingoli), for an offence under Sections 307, 341, 323, 506, read with Section 34 of Indian Penal Code.
2. It was informed on the last date, that the accused/applicant no. 1 is a political figure in the city of Hingoli, involved in several social activities and the allegations against him are, inflicting injuries to brother of the complainant Sandip by a rod. According to him, the incident with the accused/applicant has been taken toll as a counter by the present FIR.
3. Interim protection was extended directing attendance at the Police Station. Learned Additional Public Prosecutor submits, based on statement of investigator, who is also present before the court, that barring visit on yesterday night, the accused/applicants did not appear. While Mr. R.R. Mantri, learned Counsel for the applicants, disputes, he says, he has to get information from the accused/applicants.
4. Keeping above aspect of defiance of court''s order aside, let us examine the available material. The accused/applicant no. 1, Shaikh Habeeb, hold the rod, assaulted Sandip, who has suffered four injuries. Even if they are branded to be simple, but they are at forehead, mid part of left leg, occipital region and he was discharged from the hospital belatedly after his admission. The accused/applicant no. 2, Shaikh Mujeeb, has a role of assaulting Sandip with stick. Even if political rivalry is taken as defence, however, role attributed to the accused/applicants is writ large, prima facie indicated by the injured/complainant. Learned Additional Public Prosecutor informs that the accused/applicant no. 1 has to his discredit three cases being Crime No. 102/2003, Crime No. 213/2011, Crime No. 229/2011 and the accused/applicant no. 2 has two more cases. Considering above features of the matter, interim protection does not call for continuation. Exercise in terms of Section 438 of the Code of Criminal Procedure cannot be extended in the matter as prima facie role of the accused/applicant is indicated. Application lacks merits, dismissed. Interim protection stands revoked.
