Dipak Bhogilal Kothari v. The State Of Maharashtra

35.WP.5529.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5529 OF 2021 Dipak Bhogilal Kothari Petitioner versus The State of Maharashtra Respondent Ms.Janhavi Karnik, appointed Advocate for Petitioner. Mr.Ajay Patil, APP, for State.

CORAM :

A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE :

16th January 2023 PC :

1.

Heard learned Advocate appointed to represent Petitioner and learned APP.

2.

A bear perusal of the petition would indicate that Petitioner wants to establish his defense in Special NDPS Case No.98 of 2018 pending on the file of learned Additional Sessions Judge-II, Thane, by way of pleading in present petition.

3.

It is the settled position of law that, defense of an accused cannot be decided/adjudicated in a petition under Article 226 of Constitution of India. Petitioner is at liberty to establish his defense before Trial Court at the time of trial.

4.

In view thereof, we find no reason to entertain present petition. The petition is accordingly dismissed.

MANISH SURESH THATTE by MANISH SURESH THATTE Date: 2023.01.20 10:15:57 +0530 (PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST