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Bombay High CourtWP/1218/2021disposed off

Radhabai W/O. Tulshiram Khadekar v. The State Of Maharashtra And Others

2022-04-18Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice Sandipkumar C. More2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 CRIMINAL WRIT PETITION NO.1218 OF 2021 RADHABAI W/O. TULSHIRAM KHADEKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Angad L. Kanade APP for Respondent / State : Mr. S.D. Ghayal ...

CORAM : V.M. DESHPANDE AND SANDIPKUMAR C. MORE, JJ.

Dated: April 18, 2022 ...

PER COURT :- .

Heard Shri. Kanade, the learned advocate for the petitioner.

2.

By filing the present writ petition, the petitioner is praying for the following relief :

"(B) By issuing appropriate writ, order or directions in the like nature, the respondents No.1 to 3 may kindly be directed to add section 307 of Indian Penal Code against present respondent No.4 to 6 i.e. original accused persons in Crime No.286/2021 registered with Karmad Police Station, Dist. Aurangabad on 7.7.2021 for the offence punishable u/s. 324, 323, 504, 506 r/w. Section 34 of Indian Penal Code and for that purpose necessary orders may kindly be issued."

3.

In view of the nature of the prayer clause, this Court is of the view that if during the course of the evidence the appropriate

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material is brought on record to invoke the provisions of the offence punishable under Section 307 of the Indian Penal Code. It is always open for the Court to do the same. With this direction, the Writ Petition is disposed of.

( SANDIPKUMAR C. MORE, J. ) ( V.M. DESHPANDE, J. ) ...

Gajanan