Akil Ismail Shaikh And Others v. The State Of Maharashtra And Others

33-wp-779-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 CRIMINAL WRIT PETITION NO.779 OF 2023 AKIL ISMAIL SHAIKH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Shaikh Mazhar A. Jahagirdar, Advocate for the Petitioners. Mr. N. R. Dayama, APP for Respondents/State.

...

CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE : 22 JULY 2025 ORDER :

.

Learned APP makes a statement that he has instructions to make a statement that the scrutiny of the charge-sheet is over and it is likely to be filed within a period of two weeks before the learned Magistrate. 2.

Thereupon, learned Advocate for the petitioner seeks withdrawal of the writ petition with liberty to go before the learned Magistrate under Section 173(8) of the Code of Criminal Procedure, after going through the charge-sheet.

3.

It appears that since 08.01.2025 the statement is made on behalf of the prosecution that it is likely that the charge-sheet would be filed within few weeks. We would have taken stern action for not filing the charge-sheet, even after making a statement. All the statements before [1]

33-wp-779-2023.odt the Court are supposed to be abided, however, the fact remains is that even after almost six months, the charge-sheet has not been filed. Now, a specific statement is made that within two weeks the charge-sheet would be filed. We hope that the investigating officer abides by the said statement.

4.

Petitioner No.1 is the informant in the matter and, therefore, he states that he would take the further course of action after going through the charge-sheet.

5.

In view of the same, the writ petition stands disposed of as withdrawn with liberty to approach the learned Magistrate under Section 173(8) of the Code of Criminal Procedure.

[ SANJAY A. DESHMUKH ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]