Seema Sunil Himane And ANR v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1570 OF 2023 Seema Sunil Himane and another Petitioner versus The State of Maharashtra and another Respondents Mr.S.J.Lonkar, Advocate for Petitioner.

Ms.G.P.Mulekar, APP, for State.

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

DATE : 26th April 2023 PC :

1.

Petitioners have filed present Petition for quashing of C.R No.97 of 2023 registered with Nigadi Police Station, Pimpri Chinchwad, Pune under Sections 498-A, 377, 354, 294, 323, 504, 506 r/w 34 of IPC.

2.

Learned APP on instructions submitted that, investigation of present crime has already been completed and police have submitted charge sheet in the Court of Judicial Magistrate First Class, Pimpri, on 24th March 2023. That, said case has been numbered as R.C.C No.467 of 2023.

3.

In view of the fact of filing of charge sheet by police, the substantive alternate remedy is available to the Petitioner, either to MANISH SURESH THATTE by MANISH SURESH THATTE Date: 2023.05.03 09:59:52 +0530 file an application for discharge or to contest said case as per

2 of 2 21.wp.1570.2023.doc provisions of Cr.P.C before Trial Court.

4.

In view of the above, Petition is disposed off by reserving alternate remedy available to the Petitioners as per the provisions of Cr.P.C; before the Trial Court.

(PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST