Anil Shrnikrao Khadke And Others v. The State Of Maharashtra And Another

2023:BHC-AUG:25849-DB 67-APPLN-3060-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3060 OF 2023

1. Anil Shrnikrao Khadke

2. Pratibha Anil Khadke

3. Sandeep Shivaji Shinde

4. Mahesh Raghunath Labade

5. Shalini Ajinath Shirsat

6. Nanda Ganeshlal Lahoti

7. Kalyan Tulsiram Kale ..APPLICANTS

VERSUS

1. State of Maharashtra

2. Asaram Rambhau Khole ..RESPONDENTS ....

Mr. S.S. Tope, Advocate for applicants Mr. V.K. Kotecha, A.P.P. for respondent no.1 - State ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 11th DECEMBER, 2023 PER COURT :

1.

The applicants herein are similarly placed with the co-accused, who have been granted relief by quashing one and the same F.I.R. vide judgment dated 12th December, 2022. The F.I.R. has been registered at the instance of Respondent No.2 - informant (deceased). State does not dispute the applicants to have been similarly placed with the co-accused. On the ground of parity, the application deserves to be allowed inspite of the fact that no legal representative of Respondent No.2 - informant (deceased) is being brought on record.

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67-APPLN-3060-23.odt 2.

In view of above, criminal application is allowed in terms of prayer clause (B).

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