2. The applicant – the original accused No. 3 challenged the first
information report bearing Crime No. I – 396/2017, registered against him
and other two accused persons at Shevgaon Police Station District
Ahmednagar for the offences punishable under Section 379, 452, 427, 447,
323, read with Section 34 of the Indian Penal Code.
3. We have heard learned counsel Mr. N. B. Patekar appearing for
the Applicant, learned APP, Mr. R. V. Dasalkar for Respondent No. 1 – State
and learned counsel Mr. Yuvraj Kakade for Respondent No. 2.
4. The original complainant i.e. respondent No. 2 lodged a
complaint to the Police Station on 11.11.2017 alleging that the other accused
Nos. 1 and 2 are his real brothers and there was partition between the
complainant and the accused persons. It is further alleged that during
partition, the complainant was allotted eight and half acres of land out of Gut
No. 526 and in that land there was banana crop. The brothers of the
complainant have no concerned with the said land. Fifteen days prior, his
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other two brothers namely Bhausaheb Ramdas Ghanwat and Raosaheb
Ramdas Ghanwat have stolen the banana crop. Again eight days prior to the
incident, they have entered the field and taken away banana crop of
Rs.60,000/-. They have also cut down the water pipeline. The other accused
persons entered into his house and assaulted him. On the basis of the
complaint lodged by the complainant, offence came to be registered against
the present applicant and other two accused persons. The present applicant is
appears to be son of Bhausaheb Ghanwat who is brother of the complainant.
Looking to the contents of the first information report, it appears that there is
absolutely no allegation against the present applicant Shriram Bhausaheb
Ghanwat, however, in the concluding para, the essence of the allegations are
reproduced and while reproducing the same, name of the present applicant is
inserted. So from the contents of the first information report, it appears that
there are allegations of theft, assault etc. against the real brothers of the
complainant namely Bhausaheb and Raosaheb. There are absolutely no
allegations against the present applicant.