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Bombay High CourtWP/1860/2016others disposed off

Milind Govind Gaikwad v. The State Of Maharashtra And ORS

2016-09-20Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice Naresh H. Patil2 pages

rpa 1/2 wp-1860-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1860 OF 2016 Milind Govind Gaikwad .. Petitioner V/s.

The State of Maharashtra & Ors.

.. Respondents ......

Mr. M. S. Kadu, Advocate for the Petitioner.

Mr. J.P. Yagnik, APP for the Respondent - State. ......

CORAM : NARESH H. PATIL AND PRAKASH D. NAIK, JJ.

DATED :

SEPTEMBER 20, 2016.

P.C. :

The petitioner's grievance is that the person who was driving the motor cycle had applied breaks due to which the son of petitioner had fallen down along with the driver and died. Petitioner's son suffered injuries on head and legs. Learned APP submits that charge-sheet has been filed in this case. Learned counsel appearing for the petitioner submits that the matter is listed for trial. Learned counsel for the petitioner submits that necessary directions be given for further investigation.

rpa 2/2 wp-1860-16.doc We have perused the record placed before us. Perused the statements recorded. After completing the investigation charge-sheet has been filed for offences under punishable Sections 304-A, 279, 337 and 338 of the Indian Penal Code and under section 184, 3(1), 181 of the Motor Vehicle Act. Perused the report of the investigating officer. In case charge is not framed, the trial Court would proceed with material placed before it and frame charge accordingly.

Petitioner is entitled to file comprehensive representation to the Senior Police Inspector, Goregaon Police Station, Taluka Mangaon, District - Raigad in respect of the subject matter of the petition.

By keeping all issues on merits open, writ petition is disposed of.

(PRAKASH D. NAIK, J.) (NARESH H. PATIL, J.)