Supriya Vilas Upadhye And ANR. v. The State Of Maharashtra And ANR.

521-WP1401-19.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI WRIT PETITION NO. 1401 OF 2019 Supriya Vilas Upadhye & anr.

...Petitioners

Versus

The State of Maharashtra & anr.

...Respondents

Mr. Ganesh Gupta, for the Petitioners.

Ms. Sangita Shinde, APP for the State/Respondent.

CORAM:

RANJIT MORE & N. J. JAMADAR, JJ DATED:

29th AUGUST, 2019 PC:- 1.

Mentioned for production board. Taken up on production board in view of urgency.

2.

Heard.

3.

The petition is filed for quashing and setting aside the First Information Report bearing C.R. No.58 of 2016 registered with Khopoli Police Station, Raigad, at the instance of respondent No.2, for the offences punishable under sections 354(B), 380, 427, 454, 323, 504 read with Section 34 of the Indian Penal Code, 1860. The petitioner has good case on merits so far as the allegation under Section 354(B). Respondent no.2 does not dispute that the charge-sheet in the subject crime is already filed and charge is also framed against the petitioner.

1/2

521-WP1401-19.DOC 4.

In the circumstances, when the trial is commenced, we are not inclined to interfere with the petition. Accordingly, the petition stands dismissed.

[N. J. JAMADAR, J.] [RANJIT MORE, J.] 2/2