Dayanand Vasant Gaikwad And ORS v. The State Of Maharashtra And ANR

(21) apl-397.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.397 OF 2018 Dayanand Vasant Gaikwad and ors.

: Applicants.

Versus

State of Maharashtra and anr.

: Respondents.

Mr. J S Yadav for the Applicants.

Mr. K V Saste, Addl. PP for the Respondent/State. CORAM :

R. M. SAVANT & REVATI MOHITE DERE, JJ.

DATE :

26th JULY 2018 P.C.

In view of the fact that the charge sheet has now been filed and considering the fact that the offence alleged is one under Section 376 of the Indian Penal Code, we do not find this a fit case to exercise our jurisdiction under Section 482 of the Criminal Procedure Code. The above Criminal Application is accordingly dismissed. However, it would be open for the Applicant to seek recourse under the Criminal Procedure Code. If any such application is filed, needless to state that the same would be heard and decided on its own merits and in accordance with law. [REVATI MOHITE DERE, J] [R.M.SAVANT, J] Laxmikant Gopal Chandan Laxmikant Gopal Chandan Date: 2018.07.27 12:40:20 +0530 lgc