Poonam D/O. Sharad Dumbre v. The State Of Maharashtra And Another

902 wp.808.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

902 CRIMINAL WRIT PETITION NO.808 OF 2023 Poonam D/o. Sharad Dumbre.

... Petitioner

Versus

1. The State of Maharashtra.

2. Sanjivani W/o Jalindar Dumbre.

... Respondents ...

Mr. K. N. Shermale, Advocate for Petitioner.

Mr. S. N. Morampalle, APP for Respondent No.1 / State. Mr. Rajendra L. Kute, Advocate for Respondent No.2. ...

CORAM :

R. G. AVACHAT and SANJAY A. DESHMUKH, JJ.

DATE :

13th September, 2023.

Per Court:

.

Heard.

This petition has been filed for quashment of FIR and consequential charge-sheet in Regular Criminal Case No.911 of 2021, for the offences punishable under Sections 452, 141, 143, 354, 323, 504 and 506 read with 34 of the Indian Penal Code. The learned APP and the learned counsel for respondent No.2 have strong reservation to grant the petitioner relief.

902 wp.808.23.odt We have perused the complaint and the papers of investigation. The petitioner is a lady. She has now been selected for public service. Pendency of this crime, comes in her way. The Magistrate has taken cognizance of the offence two months after the alleged incident did take place. We do not propose to observe anything more, since so far as against co-accused are concerned, the trial is said to have commenced and any observations made herein, are likely to prejudice the proceedings before the Trial Court. Suffice it to say that on perusal of all the police papers, we find it a fit case to grant the petitioner relief. In view of the same, the petition is allowed in terms of prayer clause (B).

The Trial Court shall not be influenced by this order. [ SANJAY A. DESHMUKH, J. ] [ R. G. AVACHAT, J. ] nga