Prakash Mhasuji Nikale And ORS. v. The State Of Maharashtra

P.H. Jayani 60 WP5771.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5771 OF 2018 Mr. Prakash Mhasuji Nikale and ors.

.... Petitioners v/s.

The State of Maharashtra .... Respondent Mr. Kamlesh Ghumre a/w. Ms. Sonali Jadhav and Mr. Sanket Patil i/b. Ms. Sonali Sabale for the Petitioners.

Mr. Vinod Chate, APP for the State.

CORAM: A.S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATED : 21st MARCH, 2024.

P. C. :- 1) Learned A.P.P. on instructions from Sub-Divisional Police Officer Mr. Bapurao B. Dadas, Nashik (Rural), submitted that, the investigation of the present crime has been completed. The provisions of the Maharashtra Control of Organized Crimes Act, 1999 have been dropped from the alleged charge against the Petitioners. That, the Investigating Agency has forwarded record of investigation to the Government for obtaining sanction under Section 197(1)(b) of the Criminal Procedure Code and after getting such sanction, the Investigating Agency would be filing chargesheet in the Court of competent jurisdiction. 2) As the investigation of the present crime is completed and the Police are likely to file charge sheet, subject to requisite sanction from the Government, in view of the observations made by the Hon'ble Supreme

P.H. Jayani 60 WP5771.2018.doc Court in para-8 of the decision in the case of Iqbal alias Bala and Ors. Vs. State of Uttar Pradesh and Ors., reported in 2023 SCC OnLine SC 949, the Petitioners will be having alternate remedy under provisions of the Criminal Procedure Code before the trial Court. 3) By reserving the said alternate remedy, Petition is disposed off. 4) All contentions of both the parties are kept open. (SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) PREETI HEERO JAYANI PREETI HEERO JAYANI Date: 2024.04.01 15:56:03 +0530