Hiraman Shivaji Darekar And ORS v. The State Of Maharashtra And ANR

wp.2830.17.26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2830 OF 2017 Hiraman Shivaji Darekar & Ors.

...Petitioners

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. K. P. Shah for the Petitioners Mrs. A. S. Pai, A.P.P for the Respondent No.1-State Mr. Ganesh Bhujbal for the Respondent No. 2 CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

WEDNESDAY, 30 th JANUARY 2019 P.C. :

Heard for some time. Police completed investigation and filed charge-sheet some time in 2014. Present petition for quashing of FIR and charge-sheet is filed more than three years thereafter. Counsel for complainant informs that trial Court has already issued witness summons.

It is, therefore, obvious that after charge is framed and witness summons was issued, present Court is approached. SQ Pathan 1/2

wp.2830.17.26.doc Effort of counsel for petitioners is to demonstrate that a civil dispute is already pending and in any case, the criminal offence is not made out.

Considering the time lag, we are not inclined to intervene in extraordinary jurisdiction. We keep all contentions of petitioners open and with liberty to raise them at appropriate juncture, we dispose of the present matter.

REVATI MOHITE DERE, J.

B. P. DHARMADHIKARI, J.

SQ Pathan 2/2