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Bombay High CourtWP/502/2023disposed off

Bhagchand Yashwant Kharade v. The State Of Maharashtra And Others

2024-04-19Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:8478-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CRIMINAL WRIT PETITION NO. 502 OF 2023 BHAGCHAND YASHWANT KHARADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Rahul R. Karpe APP for Respondents : Mr. G.A. Kulkarni ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 19 APRIL 2024 PER COURT :

Learned Advocate for the petitioner submits that the petitioner is seeking appropriate investigation and for inclusion of offence punishable under Section 307 of the Indian Penal Code. He submits that already the charge-sheet has been filed by the Investigation Officer.

2.

Considering the law laid down in the matter of Vinubhai Haribhai Malaviya Versus State of Gujarat, (2019) 17 SCC 1, it would always be open for the petitioner to approach the trial court and seek directions as contemplated therein.

3.

We dispose of the writ petition with liberty to the petitioner to take appropriate steps in the light of Vinubhai Haribhai Malaviya (supra).

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] Thakur-Chauhan/-