Bombay High Court
ABA/850/2026 of MOHD. MAZHAR S/O MOHD. IQBAL CHAUDHARI Vs STATE OF MAHARASHTRA THR PSO., PS MURTIZAPUR TQ. MURTIZAPUR DIST. AKOLA on 15 October 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR
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Order
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA]
NO. 850 OF 2026.
Mohd. Mazhar Amohd. Iqbal Chaudhari -VERSUS- State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri C.A. Joshi, Advocate for the Applicant. Ms S.N. Thakur, A.P.P. for the Non-applicant/State.
CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 15, 2026.
Heard the learned Counsel for the parties.
2. The applicant is apprehending his arrest in connection with Crime No.351/2026 registered with Murtizapur Police Station, District Akola for the offence punishable under Section 318[4] of the Bharatiya Nyaya Sanhita, 2023 (BNS).
3. The learned Counsel for the applicant submits that this Court vide order dated 24.09.2026, has granted interim protection to the applicant, and pursuant to said Rgd. 2026:BHC-NAG:13872
Order
interim protection, the applicant has attended the police station and cooperated in the investigation. He submits that there was a loan transaction between the applicant and the informant. It is alleged in the first information report that the applicant has induced the informant to invest in his business of fish farming. According to the learned Counsel, this is nothing but, a civil dispute, which is converted into a criminal act. Apart from this, there are no allegations of whatsoever nature, and therefore, prayed for confirmation of the interim protection.
4. On the other hand, the learned AP.P. submits that the allegations are serious in nature. The informant was duped by the applicant by asking him to invest in his farm fishing business. In such circumstances, custodial interrogation of the applicant is necessary, she therefore, prayed for rejection of the application
5. Upon consideration of the submissions of both the sides, perusal of the first information and case diary, it appears that the applicant had asked the informant to invest in his business of fish farming. The informant has accordingly invested about Rs.95,000/-, which the applicant Rgd.
Order
had not returned to him. Prima facie, I am of the considered opinion that this can be regarded as a civil dispute between the parties and therefore, considering the nature of allegations, I am inclined to confirm the interim protection granted to the applicant, hence, the following order.
ORDER
(i) Criminal Application is allowed and disposed of.
(ii) The interim protection granted to the applicant vide order dated 24.09.2026, is hereby confirmed on the same terms and conditions.
(iii) Misc. Applications, if any, also stands disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 15/10/2026 15:39:28