Vishwambhar Vitthal Narwad v. The State Of Maharashtra And Others

2025:BHC-AUG:30959-DB 1 954 wp 1224-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CRIMINAL WRIT PETITION NO. 1224 OF 2025 VISHWAMBHAR VITTHAL NARWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Murkute J. M., Advocate for the Petitioner Mr. N. B. Patil, APP for Respondent-State ....

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

DATED : 12/11/2025.

P. C. :

1.

Heard rival submissions.

2.

Learned APP furnished a copy of affidavit in reply to the learned counsel for the petitioner.

3.

By way of this petition, the petitioner/complainant seeks a direction to consider his representation dated 06/08/2025 with Respondent No. 2 for taking necessary action for the arrest of accused Nos. 1 and 5 in the present crime. However, on perusal of the reply filed by the learned APP, it appears that accused Nos. 1, 2, and 4 have already been arrested and charge sheet has been filed against them.

4.

Further, the investigation reveals that accused Nos. 3 and 5 were not found to be present at the spot, and accordingly, a report

2 954 wp 1224-25 under Section 189 of BNS, 2023 has been submitted to the concerned Magistrate.

5.

Since accused No. 1 has already been arrested, the petition does not survive against him. As regards the accused No. 5, the report under Section 189 of BNS, 2023 has already been submitted against him and accused No. 3. Therefore, no direction as prayed in this petition can be issued at this stage.

6.

At most, the petitioner may address his grievance before the concerned Magistrate to whom the report under Section 189 of BNS, 2023 has been submitted. In view of the above, the petition stands dismissed.

( Y. G. KHOBRAGADE, J. ) ( SANDIPKUMAR C. MORE, J. ) VS Maind/-