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Bombay High CourtWP/980/2015disposed off

Laxman S/O Anna Vighne v. The State Of Maharashtra And ORS

2015-10-21Hon'Ble Shri Justice A. B. Chaudhari,Hon'Ble Kum. Justice I.K. Jain2 pages

2 wp.980.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 980 OF 2015 LAXMAN S/O ANNA VIGHNE

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Petitioner : Mr. Dhananjay A. Naik. APP for Respondent No.1 / State : Mr. A. R. Borulkar. ...

CORAM :

A. B. CHAUDHARI & INDIRA K. JAIN, JJ.

DATE :

21st October, 2015.

Per Court:

.

Following are the prayer clauses (B) and (C) in the present writ petition:

"B. That, this Criminal Writ Petition may kindly be allowed with directing to the Investigating Officer to add Sec. 307, 326, 120-B of I.P.C. in the Crime No. I 24/2015 registered with Shirur Kasar Police Station, Dist. Beed and further direct to add the names of Res. No. 8 to 13 as coaccused in the aforesaid crime. C.

May kindly be directed to the Investigating Officer in the Crime No. I 24/2015 registered with Shirur Kasar Police Station, Dist. Beed to decide application dtd. 16/04/2015 filed by the petitioner."

2 wp.980.15.odt The learned APP makes a categorical statement that chargesheet has already been filed before the competent Court. Taking note of this fact, we think the Petitioner has a remedy now only before the Magistrate or the competent Court. We, therefore, make the following order:

O R D E R

Criminal Writ Petition No.980 of 2015, is disposed of reserving liberty in favour of the Petitioner to take such steps as available in law in view of filing of charge-sheet. [ INDIRA K. JAIN, J. ] [ A. B. CHAUDHARI, J. ] ndm