Sau Chandrakalabai W/O Sheshrao Kharat And ANR v. The Secretary And Other

336.16WP FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL WRIT PETITION NO. 336 OF 2016 SAU CHANDRAKALABAI W/O SHESHRAO KHARAT AND ANR

VERSUS

THE SECRETARY AND OTHERS ...

Advocate for Petitioners: Mr.M.B. Ubale holding for Mr. L.K. Pradhan APP for Respondent/State:Mr.D.R. Kale Advocate for Respondent nos. 4 to 9:

Mr.S.J.Salunke ...

CORAM: S.S.SHINDE & SANGITRAO S. PATIL, JJ.

Dated: September 16, 2016 ...

It appears from the pleadings and the prayers in the Petition that Respondent Nos. 4 to 9 are not necessary parties to the Petition.

2.

In the circumstances, the learned counsel appearing for the petitioners shall delete Respondent Nos. 4 to 9 from the array of the Respondents. Amendment

336.16WP to be carried out forthwith. Reply filed by Respondent Nos. 4 to 9 should not be treated as a part of record of this Criminal Writ Petition.

3.

Heard the learned counsel appearing for the petitioners and the learned A.P.P. appearing for the Respondent/ State. It appears that the A.D. was registered and further investigation on the basis of it has been done by the Investigating Officer and the Report is submitted to Taluka Executive Magistrate.

4.

In our opinion, keeping in view the pleadings in the Petition and prayers made therein, it would be appropriate for the petitioners to avail of the remedy by filing the complaint before the Magistrate concerned. In case, the petitioners file such complaint, the Magistrate shall consider the same on its own merits in accordance with law.

5.

With the above observations, the Petition stands dismissed.

(SANGITRAO S. PATIL,J) (S.S. SHINDE,J) sga/