Date : /08/2022

To,
The Chief Justice,
High Court Bombay.

Subject :- The Respondent no. 4 to 43 to in Criminal

Application No.2575/2019 is not willing to
conduct this Criminal Application before
Hon'ble Justice, Kank'anwadi J.
Dwarkadas S/o. Yashwant Bansod @
Pathrikar and others.
V/s.
The State of Maharashtra and Others.
Respected Sir,
With reference to above noted subject, the
applicants below mentioned in this application respectfully
submits that, the above mentioned Criminal Application is
pending before Hon'ble High Court, Bench at Aurangabad (before
Hon'ble justice –Smt. Kankanwadi J., Division Bench) for final
hearing.

That, the complainants have filed one complaint U/Sec.

156(3) of Code of Criminal Procedure code, against applicant in
cre. Application no.2575/2021. That application is allowed & F.I.R
is filled against the applicants. U/Sec.277, 278, 284, r/w.34 of
I.P.C. with U/Sec. 3(1)(K), (3), (2), (v), (va) prevention of (Sc.,
ST.) Atrocities Act 1989. The facts of the case is that, the
applicant No.1 in Cri.Appl.No.2575/2019 was proposed to
purchase the lands of complainants on 15/8/2017. The
complainants are from Scheduled Caste Category. Their lands are
in Gut No. 123,124, 139, 140, 141, 142, 143 at village Pathri Tq.
Phulambri, Dist.
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Aurangabad. Thereafter, again the applicant No.2 again asked

them to Sale their land to him. Thereafter, the applicant No.1 to 3
were given threatening to the complainants and said to sale their
land. Thereafter, the applicant no. 1 dated on 1/1/2018 poured
dirty smell , black coloured chemical spent wash on his own land
Gut No.144. He was poured spent wash (Distilleries Waste
Material ). He was poured more than 1000 tankers (from
January 2018 to June 2018) spent wash on his own land. In the
rainy season, due to rain water, that spent wash is dripped in
Block No.123, 124, 139, 140, 141, 142 & 143 as well as wells on
that land. Therefore, the atmosphere in that vicinity was
contaminated. There was trouble eyes and skin, there was
irritation in eyes and skin. The water in the wells was also
contaminated, who were drink that water, they were suffered
from so many deceases, the animals were died, there were
miscarriage of animals, human beings. There was skin deceases,
kidney deceases and there were so many problems to the all
villagers. There was hazardous substances were dripped in the
wells, therefore, well water is contaminated and therefore, well
water, the hazardous substances like chloride, nitrates, iron,
fluoride like elements are increased above permissible limit.
Therefore, that well water cannot be consumed. The persons who
were drink that water, they were suffering abdominal pain,
nausea, vomiting, irritation of lungs, throat etc. The medical
camp was also taken by Civil Surgeon in that village. There are so
many medical certificates are also produced on record. This
offence of applicants in criminal application No.2575/2018 is a
heinous crime. Then also Hon'ble
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Justice –Smt. Kankanwadi-J was given Anticipatory Bail to the

applicants.
That, the Hon'ble Court given reasoning in order of Bail
application that, one Rekha Waghmare has seen that, some of the
complainants were poured some powder in the well. The offence
in Crime No.169/2019 is a serious crime. More than 1000
tankers of spent wash (Distilleries Waste material) is dropped in
his land. Therefore, thousands of acres land is barren, so many
people's are suffering from serious deceases, animals are dead,
there was miscarriage. There are so many persons were recorded
their statements and corroborated the statement of complainant,
than also Hon'ble Justice- Smt. Kankanwadi J. relied upon one
witness who has given a statement without any proof. This shows
prejudice mind of Hon’ble Justice Kankanwadi J. The Hon'ble
Justice not considered statements of so many villagers. Report of
pollution control board , report of Govt. Forensic laboratory ,
Medical reports of villagers showing that the hazardous chemical
is poured on land and well. Because of that the health of animals
and human being is in danger, The land is barren. Then also the
Hon’ble Justice relying upon statement of one witness released
applicants on anticipatory bail. Even that witness (Rekha
Waghmare) alleges so many things, against complainants. After
words police authorities given letter that, she has given false
complaints against complainants. Therefore, the complainants
are not believe on Hon'ble Justice, Smt.Kankanwadi-J. So, the
complainants are not willing to argue as respondent in Criminal
Application

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No.2575/2018) before the Hon'ble Justice Smt. Kankanwadi-J.

So, kindly cri. Application no. 2575/2021 may be removed from
board before Hon'ble Justice, Smt.Kankanwadi-J.

Thanking you,

Yours faithfully,

1.Bhagwan s/o Shankar Suradkar

2.Sanjay s/o Khandu Nivgire

3. Ganesh s/o Bhagwan Jadhav

4.Tejrao s/o Gyanuji Jadhav

5. Ratnadeep s/o Shesherao Jadhav

6. Sheshrao Gyanu Jadhav

7. Narayan s/o Maroti Jadhav

8. Jyotibai Shankar Suradkar

9. Aruna Ganesh Jadhav

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10. Bhagwan s/o Bala Jadhav

11. Padmabai Bhagwan Jadhav

12. Dinesh s/o Vinayak Jadhav

13. Sunanda Sanjay Nivgire

14. Sarla Bhagwan Suradkar

15. Sushilatai Sheshrao Jadhav

16. Shailabai Narayan Jadhav

17. Sandeep s/o Sheshrao Jadhav

18. Shivnanda Vinayak Jadhav

19. Subhadrabai Vinayak Jadhav

20. Varsha Sanjay Navgire

21. Vaishali Sanjay Navgire

22. Gajarabai Shankar Suradkar

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23. Madhukar Namdeo Pagare

24. Chaya Ratnadeep Jadhav

25. Nanasaheb Bhagwan Jadhav

26. Ajay Bhaskar Pagare

27. Sindhubai Bhaskar Pagare

28. Tulsabai Bhagwan Suradkar

29. Panchshila Nanasaheb Jadhav

30. Amol Sheshrao Jadhav

31. Indubai Namdeo Pagare

32. Devichand Kisan Gangve

33. Hemant Daulatrao Bhise

34. Dr. Pramod Eknathrao Jadhav

35. Bhimrao Ganpatrao Gadekar

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36. Kuldeep s/o Tejrao Jadhav

37. Arunabai Tejrao Jadhav

38. Jaideep Sheshrao Jadhav

39. Renisha Jaideep Jadhav

40. Pawan s/o Madhukar Pagare