Sachinabai @ Kanchan Wd/O Avan Kale v. The State Of Maharashtra And Others

2025:BHC-AUG:25217-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 81 CRIMINAL WRIT PETITION NO.407 OF 2024 SACHINABAI @ KANCHAN WD/O AVAN KALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Farooqui Kamaluddin Nuruddin, Advocate for petitioner - absent Mr. A.D. Wange, APP for respondent Nos.1 to 3 ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

15th SEPTEMBER, 2025 ORDER :

.

Learned Advocate for petitioner is absent. Present petition has been filed for direction to respondent Nos.2 and 3 to include names of certain accused persons in First Information Report and charge sheet as per the supplementary statement of petitioner dated 16.01.2024 in Crime No.529 of 2023 dated 07.12.2023 registered with Police Station, Ashti, Tq. Ashti, Dist. Beed, for the offence punishable under Sections 302, 143, 147, 148, 504 read with Section 149 of the Indian Penal Code, 1860 and under Section 37(1)(c) of the Maharashtra Police Act, 1951. Further prayer is made for issuing

81_Cri.WP_407_2024 direction to arrest those persons and direction to respondent Nos.2 and 3 to consider the complaint of petitioner dated 30.01.2024. It can be seen that the charge sheet has already been filed and it can be certainly said that by this date the case would have been committed to the Court of Sessions. Even if for the sake of arguments it is accepted that it is pending before the learned Magistrate; yet the Magistrate is empowered under Section 173(8) of the Code of Criminal Procedure to issue necessary directions for further investigation, if any, and as regards addition of accused persons is concerned, it can be taken care of under Section 319 of the Code of Criminal Procedure. There is no question of invoking constitutional powers of this Court under Article 226 of the Constitution of India. The writ petition stands dismissed.

( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd