Abhijeet Dhondiba Sawant v. State Of Maharashtra And ANR

35. cri wp 1665-22 & ia 1555-22.doc RMA IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL CRIMINAL APPELLATE APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 1665 OF 2022 WITH INTERIM APPLICATION NO. 1555 OF 2022 Abhijeet Dhondiba Sawant .. Petitioner Vs.

State of Maharashtra & Ors.

.. Respondents Mr. Priyal G. Sarda for Petitioner Ms. J.S. Lohakare, APP for State

CORAM

: A.S. GADKARI & MILIND N. JADHAV, JJ.

DATE : 17th November, 2022.

P.C.

:

.

By the present Petition, Petitioner accused has sought a relief of clubbing of three crimes namely C.R. No. 68/2021 registered with Sinhgad Road Police Station, Pune; C.R. No. 92/2022 and C.R. No. 263/2022 both registered with Shahupuri Police Station, Kolhapur and to investigate the same by one investigating agency. 2.

Learned Advocate for Petitioner fairly submitted that, as far as first crime i.e. C.R. No. 68/2021 registered with Sinhgad Road Police Station is concerned, after completion of investigation, Police have already submitted chargesheet in the Court of competent jurisdiction. 3.

As far as second and third crimes i.e. C.R. Nos. 92/2022 and 263/2022 registered with Shahupuri Police Station, Kolhapur are concerned, learned APP today tendered across the bar affidavit of Mr. Shrikant T. Ingavale, Assistant Police Inspector attached to Shahupuri Police Station, District Kolhapur. It is stated therein that, one more 1/2

35. cri wp 1665-22 & ia 1555-22.doc crime i.e. C.R. No. 756/2022 has also been registered against the Petitioner with the same Police Station under similar sections and with similar allegations as made in earlier two crimes i.e. C.R. Nos. 92/2022 and 263/2022. He has also stated that, the investigation in all the said three C.Rs. shall be clubbed in one C.R. No. 92/2022 registered with the said Police Station and he will transfer all the documents and statement of witnesses from C.R. No. 263/2022 and 756/2022 in C.R. No. 92/2022. It is categorically stated in the said affidavit that, in view of Section 219 of Cr.P.C., the concerned investigating agency i.e. the Shahupuri Police Station, District Kolhapur will investigate the said crime and will file one consolidated chargesheet in all 3 C.Rs. before the Court of competent jurisdiction. 4.

In view of the above, the grievance of Petitioner as far as the said crimes registered with Shahupuri Police Station, District Kolhapur does not survive.

5.

Petition is partly allowed in the aforesaid terms. 6.

It is made clear that, as far as C.R. No. 68/2021 registered with Sinhgad Road Police Station, Pune is concerned, we have not passed any Order in that behalf.

7.

In view of disposal of the Petition, the Interim Application does not survive and is accordingly disposed of.

[ MILIND N. JADHAV, J. ] [ A.S. GADKARI, J.] by RAVINDRA MOHAN AMBERKAR Date:

2022.11.21 18:49:54 +0530 RAVINDRA MOHAN AMBERKAR 2/2