Mohammed Shahbaz Khan v. The State Of Maharashtra And ORS

WP-3655-17(33)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3655 OF 2017 Mr. Mohammed Shahbaz Khan ..Petitioner Vs.

The State of Maharashtra & Ors ..Respondents Mr. A. N. Pathan for the Petitioner Mrs. A. S. Pai Addl PP for the Respondent State CORAM :R. M. SAVANT, & SANDEEP K SHINDE,JJ DATE : 8th FEBRUARY, 2018 P.C.

We are informed at the bar that the charge sheet has already been filed for the offences punishable under Section 307, 504, 506, 34 of the IPC. The above Criminal Writ Petition is filed for quashing of the FIR qua one accused. The Learned Counsel for the Petitioner states that the charge sheet has also been filed and that he would amend the above Petition by annexing the charge sheet and incorporating the prayer for quashing of the criminal proceedings. As indicated above the offence is one punishable under Section 307 of the IPC, the quashing is sought against one accused, we are unable to accede to the request of the Petitioner. The above Criminal Writ Petition is accordingly dismissed.

However, if any application for discharge is filed by the Respondent No.5, the same would be tried on its own merits and in accordance with law.

[SANDEEP K. SHINDE, J] [R.M.SAVANT, J] mmj