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Shashank Mahendrakant Rokade And ORS v. The State Of Maharashtra And ANR

2018-06-26Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice R.M. Savant.2 pages

rpa 1/2 wp-1164-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1164 OF 2018 Shashank Mahendrakant Rokade & Ors.

.. Petitioners Vs.

State of Maharashtra & Anr.

.. Respondents ......

Mr.Suresh K. Pathare, Advocate for the Petitioners. Mrs.P.P. Shinde, APP for Respondent - State.

......

CORAM : R.M. SAVANT AND PRAKASH D. NAIK, JJ.

DATED :

JUNE 26, 2018.

P.C. :

By this petition, the writ jurisdiction of this Court is invoked for quashing of the FIR in C.R.No.464 of 2016 dated 25th June, 2016, registered with the Dindoshi Police Station, Mumbai, for the offences punishable under Sections 498-A, 406, 504 and 34 of the Indian Penal Code. We are informed by the learned APP Mrs.Shinde that the charge-sheet has been filed on 3rd March, 2018, which fact is not disputed by the learned counsel for the petitioner.

In view thereof, we do not find this is a fit case to exercise our writ jurisdiction at this stage. However, it would be

rpa 2/2 wp-1164-18.doc open for the petitioner to avail of the statutory remedy under the Code of Criminal Procedure. If any application for discharge is filed by the petitioner, needless to say that the same would be tried on its own merits and in accordance with law. With the observations as aforesaid, the Writ Petition is disposed of. (PRAKASH D. NAIK, J.) (R.M. SAVANT, J.)