Prafula S/O Vithalrao Mhetre v. The State Of Maharashtra And ANR

Cri.W.P. No. 226/15

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NOS. 226 AND 231 OF 2015 WITH CRIMINAL APPLICATION NO. 1292 OF 2015 Narsinh s/o. Ramkrishna Patil & Anr.

....Petitioner.

Versus

Sudhir s/o. Keshavrao Partil & Ors. ....Respondents. Mr. V.D. Salunke & Mr. N.B. Khandare, Advocate for respective petitioners.

Mr. V.D. Godbharle, APP for State.

CORAM : T.V. NALAWADE & SMT. I.K. JAIN, JJ.

DATED : 26th March, 2015.

ORDER :

1.

Criminal application No. 1292/2015 is filed for amendment of proceeding bearing No. 231/2015. It appears that initially relief was claimed for quashing of order made under section 156 (3) of Cr.P.C. and then the crime is registered. Now they want to make prayer for quashing of the crime, the F.I.R. itself. Amendment application is allowed. Amendment is to be carried out immediately.

2.

In Criminal Writ Petition No. 231/2015, notice. The learned APP waives notice for State. Notice to respondent No. 2

Cri.W.P. No. 226/15 is made returnable on 9.4.2015.

3.

In Criminal Writ Petition No. 226/2015, notice. The learned APP waives notice for State. Notice to respondent No. 1, complainant - Sudhir Patil is made returnable on 9.4.2015. There is no need to issue notice to other respondent like Prafulla and Mahadev as they are accused persons. Private notice and notice by RPAD is allowed. Hamdast allowed in respect of private notice and also RPAD.

4.

Interim relief, if any, to continue till then. It is made clear that there is no stay to the investigation and the investigation is to go on.

[ SMT. I.K. JAIN, J. ] [ T.V. NALAWADE, J. ] ssc/