Sambhaji Subhash Shirsat And ORS v. The State Of Maharashtra And ORS

Digitally signed by SHAGUFTA Q PATHAN Date:

2023.02.07 18:06:48 +0530 SHAGUFTA Q PATHAN 32-WP-5215-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5215 OF 2017 Sambhaji Subhash Shirsat & Ors.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Laxman S. Deshmukh for the Petitioners Mr. J. P. Yagnik, A.P.P for the Respondent Nos.1 & 2-State Mr. Hitesh Vyas for the Respondent No. 3 PSI Mr. V. D. Jadhav from Bundgarden Police Station, Pune, is present CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

FRIDAY, 3 rd FEBRUARY 2023 P.C :

By this petition, the petitioners seek quashing of the FIR registered vide C.R. No. 365/2017 registered with the Bundgarden Police Station, Pune for the alleged offences punishable under Sections 353, 352 r/w 34 of the Indian Penal Code.

SQ Pathan 1/2

32-WP-5215-2017.odt Learned A.P.P, on instructions, submits that during investigation, it was found that Section 353 was not applicable and hence, the said Section was dropped. He further submits that as far as Sections 352 r/w 34 is concerned, the police have filed 169 report before the learned Judicial Magistrate First Class, Pune.

Learned A.P.P has tendered report of the PSI Ketki Chavan attached to Bundgarden Police Station, Pune dated 22.03.2019. The photocopy of the said report is taken on record. From the said report, it appears that the police have filed a 169 report before the Magistrate Court and the Magistrate Court has released the accused on executing the PR Bond of Rs. 15,000/-.

Considering the aforesaid, nothing survives for consideration in the aforesaid petition. Petition is accordingly disposed of as infructuous.

PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

SQ Pathan 2/2