Dashrat Kalu Gengaje v. State Of Maharashtra And ORS.

Osk 61-Wp-2266-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2266 OF 2022 Dashrat Kalu Gengaje ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Ms.Minal J. Chandnani a/w. Mr. Bhavesh C. Sawant i/b. Jaiwant S. Chandnani & Associates for Petitioner.

Mrs.S.D.Shinde, A.P.P. for Respondent Nos.1 & 2-State. Mr.Keral Mehta for Respondent No.4.

Ms.Shubhangi Parulekar for Respondent No.5.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 9th December 2022.

P.C. :

1.

It is the matter of fact on record that, after completion of investigation in Crime No. 142 of 2021 registered with Ghodegaon Police Station, District Pune, the Police have submitted chargesheet against five accused persons and report under Section 169 of Criminal Procedure Code has been filed against two accused persons.

2.

As far as prayer of the Petitioner for further investigation is concerned, Petitioner will be at liberty to file appropriate application before the concerned Court seized of the case, where chargesheet in CR No.142 of 2021 is filed.

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Osk 61-Wp-2266-2022.odt 3.

As far as the prayer to set-aside the report under Section 169 of Cr.P.C. against two accused persons is concerned, Petitioner will be at liberty to file appropriate application before the Trial Court for contesting it by way of protest Petition in the said report, if so advised and as may be permissible under the law.

4.

Petition is disposed off in the aforesaid terms. [ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.12.13 15:36:58 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2