Philip Michael Joseph v. State Of Maharashtra And ANR

Osk 45-Wp-3216-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3216 OF 2022 Philip Michael Joseph ... Petitioner V/s.

The State of Maharashtra & Anr.

... Respondents Mr.Umesh Pawar for Petitioner.

Ms.G.P. Mulekar, A.P.P. for Respondent No.1-State. Mr.Ravi Uikey h/f. Mr.Hrishikesh Ravindra Chavan for Respondent No.2. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 28th March 2023.

P.C. :

1.

Present Petition is for quashing of CR No. 313 of 2022 registered with Hadapsar Police Station, Pune. Admittedly after completion of investigation the Investigating Agency has submitted chargesheet on 8th November 2022 before the Special Court (SC/ST Act), Shivaji Nagar, Pune. 2.

In view thereof, the Petitioner is having substantive alternate remedy by way of filing either discharge application or to contest the said case as per the provisions of Criminal Procedure Code ("Cr.P.C.") before the Trial Court.

3.

Petition is accordingly disposed off by reserving liberty to the Petitioner to adopt appropriate alternate remedy as may be permissible under the provisions of Cr.P.C..

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] 1/1 OMKAR SHIVAHAR KUMBHAKARN by OMKAR SHIVAHAR KUMBHAKARN Date: 2023.04.01 15:05:12 +0530