Rushikesh Ganesh Patil And ORS v. The State Of Maharashtra And ANR

ssm 35-apl88.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 88 OF 2024 Rushikesh Ganesh Patil & Ors.

.....Applicants Vs.

The State Of Maharashtra & Anr.

.....Respondents Adv. D.V. Sutar a/w. Adv. Kiran G. Kulkarni, Adv. Anjali Shaw, Adv. Latika Kabad i/by Adv. Deepak Jain for the Applicants. Dr. Dhanalakshmi S. Krishnaiyer APP, for the Respondent-State. Adv. Swatarntri Waghmare for the Respondent No.2. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 6th MAY, 2024.

P.C.:- 1) Perusal of record indicates that, the observations made by the co-ordinate Bench in the Order dated 25th January, 2024 are apt. In view of the ratio laid down by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab reported in (2012) 10 SCC 303 in particular paragraph Nos.58 & 61, we are not inclined to quash the crime registered against the Applicants.

2) Record indicates that, the police have already filed chargesheet and the trial Court has framed charges against the Applicants. 3) In view thereof, by reserving the remedy to contest the Sessions Case No.57 of 2021 pending on the file of Additional Sessions Judge, Sangli, Application is disposed off.

(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) 1/1 by SANJIV SHARNAPPA MASHALKAR Date: 2024.05.10 10:29:26 +0530 SANJIV SHARNAPPA MASHALKAR