Vijay Ramesh Mohite And ANR v. State Of Maharashtra And ANR

38. WP 2891-2022.doc by RUPALI RAJESH WAKODIKAR Date: 2023.02.02 12:39:44 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2891 OF 2022 Vijay Ramesh Mohite & Anr

...Petitioners

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Ganesh Bhujbal for the Petitioners.

Mr. Y.M.Nakhwa, A.P.P for the Respondent-State. Mr. Sagar H. Mane, Police Constable, Tasgaon Police Station. CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 30 th JANUARY, 2023 P.C. :

1.

By this petition, the petitioners seek quashing of the FIR registered vide C.R.No.175 of 2022 with the Tasgaon Police Station, Sangli, for the alleged offences punishable under Sections 354, 324, 323, 504 r/w 34 of the Indian Penal Code.

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38. WP 2891-2022.doc 2.

Learned APP submits that during the course of investigation, it was found that the petitioner No.1 - Vijay Mohite was in the Sessions Court, at the relevant time i.e. when the alleged incident is stated to have taken place and hence, there was no evidence as against him. He submits that as far as petitioner No. 2 - Suvarna Mohite and petitioner No.3 - Kaustubh are concerned, the police have filed N.C. final against them, before the concerned Court and that, the same is pending before the said Court. Learned APP has tendered a report dated 29th January, 2023 of the API of Tasgaon Police Station, Sangli. It is taken on record.

3.

In view of the same, nothing survives for further consideration in the aforesaid petition.

4.

The petition is accordingly disposed of.

5.

All concerned to act on the authenticated copy of this order.

PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

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