Nitin Sahebrao Patil And ORS v. The State Of Maharashtra And ANR

P.H. Jayani 16 WP4510.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4510 OF 2017 Mr. Nitin Sahebrao Patil and ors.

.... Petitioners v/s.

The State of Maharashtra and anr.

.... Respondents Mr. K.R. Satheesh for the Petitioners.

Mrs. A.A. Takalkar, APP for the State.

Mr. Godeshwar Pawar, HC, Baramati Police Station, present. CORAM: A.S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATED : 12th MARCH, 2024.

P. C. :- 1) Learned APP on instructions from Mr. Godeshwar Pawar, Head Constable attached to Baramati Police Station, Pune (Rural) submitted that, investigation of the present crime is completed. However, in view of the Order dated 19th March, 2018 chargesheet has not been filed till today. 1.1) She submitted that, sufficient material is revealed during the course of the investigation against the Petitioners to indict them in the present crime.

1.2) She further on instructions submitted that, if permission granted, chargesheet will be filed within a period of two weeks from today in the Court of Competent jurisdiction.

2) In view thereof, we permit Investigating Officer to submit chargesheet in the present case within the said stipulated period. 1/2

P.H. Jayani 16 WP4510.2017.doc 3) As the police are submitting chargesheet against the Petitioners, in view of the observations made by the Hon'ble Supreme Court in para No.8 in the case of Iqbal alias Bala and Ors. Vs. State of U.P. and Ors. reported in 2023 Online SC 949, the Petitioners are having alternate statutory remedy under the provisions of Cr.P.C. before the trial Court.

4) By reserving the alternate remedy in favour of the Petitioners, Petition is disposed off.

5) All contentions of both the parties are kept open. (SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2024.03.18 11:54:36 +0530 2/2