Dnyaneshwar Ankush Bhakare And Others v. The State Of Maharashtra

950 CRWP 394 23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 950 CRIMINAL WRIT PETITION NO.394 OF 2023 DNYANESHWAR ANKUSH BHAKARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Petitioners : Mr. Thorat Nanabhau R. APP for Respondent : Mr. S.D. Ghayal

CORAM

: MANGESH S. PATIL & ABHAY S. WAGHWASE, JJ.

DATE : 28.03.2023 PER COURT :

Heard.

2.

The petitioners who are absconding accused in a pending criminal case wherein the charge-sheet is filed in the year 2007 are seeking its quashment. For this reason alone we refuse to exercise the powers under Article 226 of the Constitution of India.

3.

Besides, the petitioners have been expressly named in the F.I.R. wherein it has been alleged that they have assaulted the informant. The offence under Sections 353, 323, 332, 504, 506 read with Section 34 of the Indian Penal Code etc. was registered. In view of such specific role attributable to the petitioners, even otherwise, the crime/case cannot be quashed.

4.

The Criminal Writ Petition is dismissed.

(ABHAY S. WAGHWASE, J. ) (MANGESH S. PATIL, J.) mkd/- 1/1