Bharat Rajdeo Pandey And ANR v. The State Of Maharashtra And ORS

(61) wp-5091.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5091 OF 2017 Bharat Rajdeo Pandey and anr.

: Petitioners.

Versus

The State of Maharashtra and ors.

: Respondents.

Mr. Kunal Tiwari i/by K Juris for the Petitioners. Mr. K V Saste, Addl. PP for the Respondent/State. Mr. Akhil Gurwada i/by Mr. Dujendra Kumar sharma for the Respondent No.5 CORAM :

R. M. SAVANT & SARANG V. KOTWAL, JJ.

DATE :

06th MARCH 2018 P.C.

We have with the assistance of the learned Additional Public Prosecutor gone through the papers. From the papers we find that the first informant had suffered a fracture to his left hand little finger. In our view, prima facie the offence under Section 325 of the Indian Penal Code is made out. The learned counsel for the Petitioner is desirous that this Court embarks upon an exercise of appreciating the factual aspects and record findings. We are declined to do so having regard to the fact that we are exercising jurisdiction under Article 226 of the Constitution of India. The above Writ Petition is accordingly dismissed.

[SARANG V. KOTWAL, J] [R.M.SAVANT, J] lgc