Bhagwan S/O. Shankar Suradkar And Anr vs Dwarkadas S/O. Yashwant Bansod @ ... on 12 March, 2021

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Bombay High Court

Bhagwan S/O. Shankar Suradkar And Anr vs Dwarkadas S/O. Yashwant Bansod @ ... on 12 March, 2021

Bench: Vibha Kankanwadi

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD


           CRIMINAL APPLICATION NO.3334 OF 2019
               IN CRI.APPEAL NO.766 OF 2019

   1)      Bhagwan s/o Shankar Suradkar,
           Age 48 years, Occupation Agri.,
           R/o Pathri Tq. Phulambri Dist.
           Aurangabad.

   2)      Tejrao s/o Gyanuji Jadhav,
           Age 62 years, Occupation Agri.,
           R/o Pathri Tq. Phulambri Dist.
           Aurangabad.                                  ...Applicants

           VERSUS

   1)      Dwarkadas s/o Yashwant Bansod
           @ Pathrikar,
           Age 79 years, Occupation Agri.,
           And Social Work,

   2)      Yogesh s/o Uttamrao Bansod
           @ Pathrikar,
           Age 31 years, Occupation Agri.,
           And Social Work,

   3)      Varun s/o Dwarkadas Bansod
           @ Pathrikar,
           Age 32 years, Occupation Service,

           All R/o At Post Pathri Taluka
           Phulambri District Aurangabad.

   4)      The State of Maharashtra.

   5)      Sheshrao Gyanuji Jadhav,
           Age 65 years, Occupation Agri.,
           R/o At Post Pathri Taluka
           Phulambri District Aurangabad.      ...Respondents




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                                               2                           CriApln 3334-2019



                                       .....
                  Advocate for Applicants : Mr. S. N. Pagare.
                  Senior Counsel for Respondents No.1 to 3 : Mr. Mr. R. N.
                  Dhorde instructed by Adv. Mr. V. R. Dhorde.
                  APP for Respondent No.4-State : Ms. Vaishali Choudhary.
                  Advocate for Respondent No.2 : Mr. A. M. Nagarkar.
                                       .....

                                    CORAM :   SMT.VIBHA KANKANWADI, J.

                                    Date of Reserving The Order           :
                                    06-01-2021.

                                    Date of Pronouncing The Order :
                                    12-03-2021.

ORDER :

1. Though the present application has been stated to be for intervention, there is no such procedure under Code of Criminal Procedure to allow the third person to intervene. However, taking into consideration the fact that the original complaint before the Special Court is filed by many persons and present applicants are also the complainant before the Special Judge, this application can be considered as Assist to Additional Public Prosecutor under Section 301 (2) of Code of Criminal Procedure and, therefore, the learned Advocate representing these applicants is allowed to Assist the learned Additional Public Prosecutor.

2. In view of above, application stands allowed and disposed of.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-

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