Sharad S/O. Satyanarayan Joshi Alias Sharad Kumar Satish Dokwal Joshi v. The State Of Maharashtra And ANR

crwp1951a ssp/date

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELATE JURISDICTION WRIT PETITION NO.1951 OF 2015 Sharad S/o.Satyanarayan Joshi @ Sharad Kumar Satish Dokwal Joshi

...Petitioner

vs.

The State of Maharashtra and another

...Respondents

Mr.Anand Mishra a/w Sneha Singh with Sushil Upadhyay i/b Ashok Saraogi for the Petitioner Dr.F.R.Shaikh, APP for the respondent No.1 CORAM : A.S.OKA, & A.A.SAYED, JJ.

DATE : SEPTEMBER 30, 2016 AND OCTOBER 3, 2016 P.C.:

.

For the reasons separately recorded in the Judgment following is the operative part of the Judgment:

OPERATIVE ORDER (i)We direct the learned Metropolitan Magistrate, 17th Court, Borivali, Mumbai before whom Criminal case No.3755/PW/2005 arising out of C.R. No.88 of 2000 registered with Kandivali Police station, Mumbai is pending shall refer the present Applicant / Accused No.1, Shri Nilesh Vasudeo Kadam - Accused No.5 and Kum Rupali Shrirang Chavan - Accused No.9 to the

crwp1951a concerned Juvenile Justice Board constituted in accordance with the provisions of the said Act of 2015.

(ii)Writ of this order be immediately issued to the concerned Court to enable the concerned Court to take action in accordance with law on the basis of this judgment and order.

(iii)We, however, make it clear that no adjudication is made on merits on the charges against the present applicant.

(iv) Rule is accordingly made partly absolute on above terms;

(v) All concerned to act upon operative part of this Judgment and Order.

(A.A.SAYED,J.) (A.S.OKA,J.)