Sapna Sandip Patil v. The State Of Maharashtra And Others

2025:BHC-AUG:5791-DB 907 wp 1377-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 CRIMINAL WRIT PETITION NO. 1377 OF 2024 SAPNA SANDIP PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Ashish S. Hazare h/f Mr. Chalak Amol Balasaheb, Advocate for the Petitioner Mr. S. K. Tambe, Additional Public Prosecutor for Respondent-State ...

CORAM : RAVINDRA V. GHUGE, SANDIPKUMAR C. MORE, JJ.

DATED : 21/02/2025.

...

PER COURT :

1.

The Petitioner is before the court praying for a direction to the concerned police station to register an FIR. Her husband is said to have passed away due to the negligence of the two doctors. 2.

The learned Additional Public Prosecutor submits that the Petitioner has a remedy of approaching the competent court invoking Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 156(3) of the Cr.P.C.).

3.

The learned advocate for the Petitioner submits that the Petitioner would avail of the said remedy and the disposal of this

907 wp 1377-24.odt Petition should not be treated as an impediment. 4.

In view of the above, with liberty to the Petitioner to avail of a remedy as is permissible in law, this Petition is disposed off. The disposal of this Petition would not be an impediment for the Petitioner to avail of such remedy and all contentions of all the parties are kept open.

(SANDIPKUMAR C. MORE, J.) (RAVINDRA V. GHUGE, J.) VS Maind/-