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Bombay High CourtWP/3484/2018disposed off

Hari Balaji Dangre v. The State Of Maharashtra

2022-11-28Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik1 pages

SLJ 49-WP-3484-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3484 OF 2018 Hari Balaji Dangre

...Petitioner

V/s.

The State Of Maharashtra

...Respondent

None for Petitioner.

Mr. Ajay Patil, A.P.P. for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 28th NOVEMBER, 2022.

P.C.:- .

Perusal of Petition indicates that, the Petitioner wants this Court to believe in his version which in fact his defence in the trial, where he is an accused.

2.

It is the settled position of law that, the defence of Petitioner cannot be tested in a Petition under Article 226 of the Constitution of India. Petitioner will be at liberty to lead his evidence in his defence in the sessions case, where he is an accused.

3.

According to us, the Petition is misconceived and is dismissed in limine.

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) by SAJAKALI LIYAKAT JAMADAR Date:

2022.12.02 17:14:40 +0530 1/1 SAJAKALI LIYAKAT JAMADAR