Yashwant S/O Bansidar Shinde v. The State Of Maharashtra And Others

33-WP-949-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 949 OF 2023 Yashwant Bansidar Shinde ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. S.S. Shinde, Advocate for petitioner Mr. M.M. Neralikar, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 16th OCTOBER, 2023 PER COURT :

1.

The petitioner before us is the informant, who has lodged the F.I.R. The prayer in this petition is to add Respondent No.6 as an accused in the crime registered at his behest.

2.

Such a prayer cannot be entertained. Once the crime has been registered, it is prerogative of the investigating officer to make investigation thereof and reach to a certain conclusion. It is only after filing of the chargesheet or certain report, prayer of the petitioner could be considered by this Court or by the trial Court. For the present, we are not inclined even to issue notice.

1 / 2

33-WP-949-23.odt 3.

In view of above, criminal writ petition is dismissed. The petitioner may approach either this Court or the trial Court post filing of the charge-sheet or any other report.

( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2