Sahil Rajjak Inamdar And Others v. The State Of Maharashtra And ANR

2023:BHC-AUG:26609-DB 9-crappl.nos.2502.2020 and 336.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2502 OF 2020 Sahil Rajjak Inamdar and ors.

..Applicants vs.

The State of Maharashtra and anr.

..Respondents ---- Mr.S.R.Sapkal, Advocate for applicants Mr.V.K.Kotecha, APP for respondent no.1 Mr.S.M.Kulkarni, Advocate for respondent no.2 ---- AND CRIMINAL WRIT PETITION NO.336 OF 2021 WITH CRIMINAL APPLICATION NO.4264 OF 2023 Sow. Karuna w/o. Ramesh Kale and ors.

..Petitioners/applicants vs.

The State of Maharashtra and ors.

..Respondents AND CRIMINAL WRIT PETITION NO.315 OF 2021 Jyoti w/o. Pawan Kale ..Petitioner vs.

State of Maharashtra and ors.

..Respondents ---- Mr.S.M.Kulkarni, Advocate for petitioners/applications Mr.V.K.Kotecha, APP for respondent no.1 Mr.S.R.Sapkal, Advocate for respondent no.7 ----

CORAM

:

R.G.AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE :

DECEMBER 15, 2023

9-crappl.nos.2502.2020 and 336.2021 ORDER :- Heard.

2.

It indicates that the incident dated 26.11.2020 that took place by 08.30 am. is an admitted fact. Was it a free-fight or who were aggressors, that can only be decided by the trial court. As regards, whether Section 326 of Indian Penal Code can be invoked or not, the parties may have an opportunity before framing of the charge. With the said liberty, Criminal Application No.2502 of 2020 and Criminal Writ Petition No.336 of 2021 stand disposed of. 3.

In view of the above, Criminal Application No.4264 of 2023 and Criminal Writ Petition No.315 of 2021 do not survive and stand disposed of.

[SANJAY A. DESHMUKH, J.] [R.G. AVACHAT, J.] KBP