Aslam Shabbir Shaikh @ Bunty Jahagirdar v. The State Of Maharashtra And Another

22-appln-1529-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 22 CRIMINAL APPLICATION NO.1529 OF 2024 Aslam Shabbir Shaikh @ Bunty Jahagirdar, Age- 51 years, Occu.: Business and Social Work, R/o. Jahagirdar Building, Ward No.02, Shrirampur, Tal. Shrirampur, Dist. Ahmednagar.

.. Applicants

Versus

1.

The State of Maharashtra Through Police Station Officer, Shrirampur City Police Station, Shrirampur, Dist.

Ahmednagar.

2.

XYZ.

.. Respondents ...

Mr. M. A. Shaikh Jahagirdar h/f Mr. S. P. Mahale, Advocate for Applicant. Mr. G. A. Kulkarni, APP for Respondent No.1/State. ...

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

DATE : 24 SEPTEMBER 2025 ORDER :

.

Learned APP is producing the communication by the Investigating Officer to him dated 24.09.2025. The same is taken on record. In the said communication, it is stated the name of present applicant was not [1]

22-appln-1529-2024.odt mentioned as accused in the FIR. The investigating officer after completing investigation has filed charge-sheet as against the other accused persons. He has not filed the charge-sheet as against present applicant. Under such circumstance, in view of the said communication, case is made out for exercise of powers under Section 482 of the Code of Criminal Procedure. Hence, the following order :-

ORDER

I) Criminal Application stands allowed.

II) The FIR bearing Crime No.406 of 2023 dated 26.04.2023 registered with Shrirampur Police Station, District Ahmednagar for the offences punishable under Sections 143, 147, 148, 149, 323, 504, 506 of Indian Penal Code, under Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1949, stands quashed and set aside as against the present applicant.

[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]