Shobha Dashrath Lokhande v. State Of Maharashtra And ANR

9 wp 1332.17 and wp 3234.16.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1332 OF 2017 Atul Dashrath Lokhande .....Petitioner versus The State of Maharashtra and anr.

.....Respondents and WRIT PETITION NO. 3234 OF 2016 Shobha Dashrath Lokhande .....Petitioner versus The State of Maharashtra and anr.

.....Respondents Mr. Karan Bhosale i/b. Mr. Devendra Dilip Pawar, advocate for the petitioner in writ petition No.1332 of 2017.

Mr. R. D. Suryavanshi i/b. Mr. V. S. Sunder, advocate for the petitioner in writ petition No. 3234 of 2016.

Mr. F. R. Shaikh, APP for the State.

Ms. Sadhna Kumar, advocate for the respondent No.2. CORAM : RANJIT MORE & SANDEEP K. SHINDE, JJ.

DATE : 4th DECEMBER, 2017.

P. C. :

Heard Mr. Bhosale and Mr. Suryavanshi, learned counsel appearing for the respective petitioners, Ms. Kumar, learned counsel for the respondent No.2 and Mr.Shaikh, learned APP for the State. 2.

The petitions are filed for quashing the FIR bearing CR No.I-45 of 2015 registered with Kapurbavadi Police Station, Thane. The petitioner in writ petition No. 1332 of 2017 is the son of the petitioner in writ petition No. 3234 of 2016. The said FIR is filed at the instance of the respondent No.2 against the petitioners for the offences punishable under Sections 376, 420, 328 and 506 read with Section 34 of the Indian Penal Code, 1860 (for short "the IPC").

Shubhada S Kadam 1/2

9 wp 1332.17 and wp 3234.16.doc 3.

We have gone through the FIR. It does disclose allegations under Section 376, 328 and 420 of the IPC against the petitioner in writ petition No.1332 of 2017. So far as petitioner in writ petition No.3234 of 2016 is concerned, the FIR also discloses the allegations under Section 420 of the IPC.

4.

Mr. Shaikh, learned APP pointed out that the investigation is almost complete and charge-sheet would be filed within a period of one week from today. The statement is accepted.

5.

In the light of above, we are not inclined to entertain the petitions and the same are, accordingly, dismissed. 6.

At this stage, Mr. Suryavanshi, learned counsel requested that the ad-interim relief granted in writ petition No.3234 of 2016 on 22nd March, 2017, may be continued for a period of four weeks from today. In the interests of justice and in order to enable the petitioner to approach the Apex Court, the ad-interim relief is continued for a period of two weeks from today.

(SANDEEP K. SHINDE, J.) [RANJIT MORE, J.] Shubhada S Kadam 2/2