Shankar Ganpati Ghugare And ANR. v. The State Of Maharashtra

pmw 1/2 apl-946.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.946 OF 2018 Shankar Ganpati Ghugare and Anr.

... Petitioners Vs.

The State of Maharashtra and Anr.

... Respondents ---- Mr. Karnisk Jayant a/w Mr. Nilesh Mandavkar for the Petitioners. Mr. Ritesh Thobde a/w Sagar Tambe for the Respondent No.2. Mr. Deepak Thakre, PP a/w Smt. S.D. Shinde, APP for the Respondent - State.

---- CORAM : B. P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : 2nd DECEMBER 2019.

P.C.:

Heard for sometime. Medical certificate prima facie shows injuries on neck as recorded by Respondent No.2 in his FIR. Civil dispute between parties, fact that there were earlier complaints, cross-complaints are not relevant at this stage. Oral evidence adduced to the contrary by Respondent No.2 in some other matter also cannot be seen as decisive in this matter and at this stage. We therefore do not find any case made out to exercise extraordinary jurisdiction under section 482. We leave all contentions open and dispose of present matter.

pmw 2/2 apl-946.18.odt Petitioner claims that because of this complaint and alleged episode he has been suspended pending inquiry by Zilla Parishad. We direct the trial Court to expedite the trial and attempt to complete it at the earliest and in any case within period of one year from the date of communication of this order today. (SMT. SADHANA S. JADHAV, J.) (B. P. DHARMADHIKARI, J.)