Ramkrushana Himmatrao Dandale v. The State Of Maharashtra And Others

2025:BHC-AUG:33713-DB 938-Cri-WP-1022-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 938 CRIMINAL WRIT PETITION NO. 1022 OF 2025 RAMKRUSHANA HIMMATRAO DANDALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. H. P. Jadhav, Advocate (Appointed through legal aid) for Petitioner Ms B. B. Gunjal, APP for Respondent Nos. 1 to 4 - State ....

CORAM : SANDIPKUMAR C. MORE AND Y. G. KHOBRAGADE, JJ.

DATE : December 04, 2025 ORAL ORDER (PER: Y. G. KHOBRAGADE, J.) :- 1.

Heard Mr. Jadhav, the learned counsel appointed through the legal aid for the petitioner, at length. 2.

By the present petition, the petitioner prayed for issuance of directions against respondent No.4 for strict compliance of directions issued by the learned J.M.F.C. Bhokardan on 08.12.2011, while passing the final judgment in R.C.C. No.5 of 2005. The petitioner further prayed for issuance of directions against respondent No.4 to take immediate effective steps to arrest absconding accused Pandit Kishan Gangavane.

(( 2 )) 938-Cri-WP-1022-2025 3.

Needless to say that, while passing the judgment and order dated 08.12.2011, the learned J.M.F.C. acquitted accused No.3 Dwarkabai w/o Namdeo Thombre, accused No.4 Prabhakar Mohanrao Talekar and accused No.5 Dropatabai w/o Manikrao Parve. However, the accused Pandit Kishan Gangavane was absconding and therefore, directions were issued against respondent No.4 to file supplementary charge-sheet against the absconding accused. 4.

In case in hand, though the petitioner made it clear that the accused Pandit Kishan Gangavane is not absconding and he is very much present in his village, but for that the petitioner can approach before the concerned J.M.F.C. with said grievance and can pray for appropriate directions against respondent No.4. 5.

In view of above, we are not inclined to entertain entertaining this petition. Hence, it is dismissed. 6.

Since the learned counsel for the petitioner is appointed through the Legal Aid, appropriate fees be quantified by the Secretary, High Court Legal Services Sub-Committee, Aurangabad and be paid to him, as early as possible.

[ Y. G. KHOBRAGADE, J. ] [ SANDIPKUMAR C. MORE, J. ] SMS