Dinesh Shivaji Jadhav v. The State Of Maharashtra

Nalawade 1 24-wp-3001-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3001 OF 2018 Dinesh S. Jadahav ....Petitioner.

Vs.

The State of Maharashtra ....Respondent.

Mr. Vinaykumar Garad for the Petitioner.

Mrs. Veera Shinde, APP. For the State.

CORAM :

A. S. GADKARI, J.

DATE : 27th AUGUST, 2018.

P.C.:- 1.

The present petition is directed against the Order dated 12.6.2018 passed by the learned Additional Sessions Judge for Greater Mumbai below Exhibit 6 in Sessions Case No.540 of 2016 rejecting the application of the petitioner seeking discharge from an offence punishable under Sections 366, 504(ii) and 506 of the Indian Penal Code arising out of CR No.145/2016 registered with Mankhurd Police Station, Mumbai.

2.

The role attributed to the applicant is that, when accused No.1 Rajendra Gaikwad tried to abduct the prosecutrix from a vehicle the applicant was driving the same. It is further prosecution case that, 1/2

Nalawade 2 24-wp-3001-18.doc due to the hue and cry raised by the prosecutrix the people gathered on the spot and accosted accused No.1 Rajendra Gaikwad at the scene of offence itself. The applicant has been identified as the driver of the vehicle by the prosecutrix.

2.

Prima facie it appears that, there is sufficient material available on record to proceed against the applicant for farming charge under Section 228 of Cr.P.C.

3.

Petition is accordingly rejected.

(A.S. GADKARI, J.) 2/2