Sheshrao S/O. Dhondiram Gatkal v. The State Of Maharashtra And Others

1 Cri.W.P. No. 662/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 21.

CRIMINAL WRIT PETITION NO.662 OF 2018 Sheshrao S/o Dhondiram Gatkal, age 58 years occupation agriculture R/at Navin Dahiphal Tal. Shevgaon Dist. Ahmednagar

...Petitioner

VERSUS

1.

The State of Maharashtra Through : The Principal Secretary, Home Department, Mantralaya, Mumbai.

2.

The Superintendent of Police Office of the Supdt. of Police, Ahmednagar Taluka and Dist. Ahmednagar 3.

The Police Inspector, Shevgaon Police Station Taluka Shevgaon Dist. Ahmednagar

...Respondents

Mr. S.D. Gatkal, Advocate for petitioner Mr. A.V. Deshmukh, Addl. Public Prosecutor for Respts./State C ORAM : T.V. NALAWADE & M.G. SEWLIKAR , JJ.

DATE : 1st February, 2021 ORDER :

Notice, made returnable forthwith to the State. There is no need to issue notice to any other party in view of the nature of

2 Cri.W.P. No. 662/2018 the relief claimed and the prayer of direction to the Trial Court to frame additional charge for offence punishable under Section 302 of the Indian Penal Code is claimed. The matter is of the year 2018. In the past, this Court had asked the learned Counsel for the petitioner to argue the matter and to make out the case on law point. It was given as a last chance but the matter was not argued. Grievance of the petitioner can be considered by the Trial Court and it is upto the Trial Court to ascertain as to whether the charge can be framed for the offence punishable U/s. 302 of I.P.C. also. In view of this circumstance and with the aforesaid observations, the matter is disposed of as dismissed.

( M.G. SEWLIKAR ) ( T.V. NALAWADE ) JUDGE JUDGE Madkar