Shankar S/O. Sakhahari Wagh v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1152 OF 2020 Shankar s/o Sakhahari Wagh Petitioner

Versus

The State of Maharashtra & another Respondents Mr. Sandeep Gorde Patil, Advocate for petitioner. Mr. A.V. Deshmukh, APP for both respondents.

CORAM : T.V. Nalawade & M.G. Sewlikar, JJ.

DATE : 4th February, 2021.

PER COURT :

1.

Heard learned counsel for the petitioner. Notice is given to the learned APP.

2.

In view of the nature of relief claimed, the matter is heard immediately.

3.

Seen the record. It appears that the crime is registered for the offence punishable under Section 324 of the Indian Penal Code. Record shows that the petitioner sustained 2 CLWs and 1 CLW caused fracture to mandible. There is allegation that dangerous

- 2 - criwp1152.20.odt weapon was used for inficting these injuries. Statement is made that charge-sheet is not yet fled.

4.

Everything needs to be considered at the time of fling of the charge-sheet and these circumstances need to be addressed by the the police. We are addressing only the circumstance that there is aforesaid injury and so if the police form opinion that charge-sheet needs to be fled against the present accused, the aforesaid circumstance needs to be considered.

5.

With these observations, the present proceeding is disposed of.

6.

Authenticated copy of the order is allowed to both the sides.

( M. G. SEWLIKAR ) ( T.V. NALAWADE ) Judge Judge dyb