Krishna Raghunath Vaity And ANR v. The State Of Maharashtra And ANR

1/2 22-apl.1091.2018.doc nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1091 OF 2018 Krishna Raghunath Vaity and Anr.

... Applicants

Versus

The State of Maharashtra and Anr.

...Respondents

Mr.S.S.Karmarkar, for the Applicants.

Mr.K.V.Saste, A.P.P. for the Respondent No.1 - State. Ms.Prajakta Tole i/b Ms.R.R.Apte, for the Respondent No.2. CORAM : B.P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 28th JANUARY, 2019 P.C. :

1.

Heard the Applicants with their Advocate and Respondent No.2 with her Advocate. Respondent No.2 has given no objection for quashing of FIR No.20 of 2015 against the Applicants. That FIR is under Sections 354, 323, 504, 509 r/w 34 of the Indian Penal Code. 2.

Learned A.P.P. has however pointed out other crimes registered against the Applicants. The Applicants are jointly involved in FIR No.140

2/2 22-apl.1091.2018.doc of 2015, which is under Sections 141, 142, 143, 452, 323, 427, 504 and 506 of Indian Penal Code. The Applicant No.2 is also involved in FIR No.412 of 2015. Applicant No.1 is involved in FIR No.349 of 2003, which is under Sections 379 and 34 of the Indian Penal Code as also Section 39 of Electricity Act. There is one more offence vide FIR No.269 of 2005 under Sections 324 and 34 of the Indian Penal Code. At this stage, it is mentioned that he was externed by order dated 26th December, 2015. The said Report of the Investigating Officer is retained on record as Exhibit - 'A'. 3.

In view of this Report, we are not inclined to intervene in extraordinary jurisdiction. Hence, Rejected.

REVATI MOHITE DERE, J.

B.P. DHARMADHIKARI, J.