Haridas Kakasaheb Shelar v. The State Of Maharashtra And Others

916-Cri.WP.1130-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1130 OF 2021 HARIDAS KAKASAHEB SHELAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. A. R. Gaikwad h/f M. P. Gandle APP for Respondent/State : Mr. S. J. Salgare ...

CORAM : SARANG V. KOTWAL & BHARAT P. DESHPANDE, JJ.

DATE : 16th JUNE 2022.

Per Court :

1.

The petition is filed mainly for prayer Clause 'B' , which reads thus;

"By issuing writ of mandamus or any other writ or directions in the like nature, this Hon'ble Court may be pleased to direct the respondent no.1 to add Section 3(1)(e) and 3(1)(xi) of the Atrocities Act and Section 326, 395 of Indian Penal Code and Section 3 of the Maharashtra Media Persons and Media Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2017 in Crime No.149/2021 registered with the Police Station, Patoda, Tal.Patoda, District Beed and for that purpose issue necessary orders."

916-Cri.WP.1130-2021.doc 2.

Today, the learned APP has produced a copy of report dated 21.04.2022 of the Sub-Divisional Police Officer, Sub-Division Aashti and a copy of that report is taken on record and marked as ' X ' for identification.

3.

The report mentions that the Investigating Agency has added Section 3(1)(e) and Section 3(2)(va) of the said Act. Thus, the grievance of the Petitioner is satisfied by this. As far as the remaining Sections mentioned in the prayer Clause B are concerned, it is always open for the trial Court to consider applying those Sections at the time of framing of the charge. Nothing survives in this petition, therefore, the learned Counsel for the Petitioner does not press it any further. The petition is disposed of.

[ BHARAT P. DESHPANDE, J.] [ SARANG V. KOTWAL, J.] Najeeb...