Balasaheb Bhaurao Jadhav And ANR v. State Of Maharashtra And ANR

Osk 13-Wp-2120-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2120 OF 2022 Balasaheb Bhaurao Jadhav & Ors.

... Petitioners V/s.

The State of Maharashtra & Ors.

... Respondents Mr. Laxman S. Deshmukh for Petitioners.

Mr. Ajay Patil, A.P.P. for Respondent Nos.1 & 2-State. Ms. Prachiti Deshpande for Respondent No.3.

PSI Mr.Ravindra Bhavari, Bhosari Police Station, Pune is present. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 4th May 2023.

P.C. :

1.

At the outset, learned A.P.P. on instructions from Police Sub-Inspector Mr.Ravindra Bhavari attached to Bhosari Police Station, Pune, submitted that, after completion of investigation of present crime, police have submitted chargesheet in the Court of Judicial Magistrate First Class, Pimpri on 15th February 2022 i.e. prior to filing of present Petition on 11th March 2022 for quashing of FIR No. 38 of 2020 registered with Bhosari Police Station, Pune. 2.

In view thereof, Petitioners are having substantive alternate remedy either to file an application for discharge or to contest the said case as contemplated under the provisions of Criminal Procedure Code before the trial Court.

3.

In view thereof, present Petition is disposed off by reserving aforesaid remedy in favour of Petitioners.

OMKAR SHIVAHAR KUMBHAKARN [ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] 1/1 OMKAR SHIVAHAR KUMBHAKARN Date: 2023.05.04 16:24:59 +0530