Vishal S/O. Laxman Bargal v. The State Of Maharashtra And ANR

2025:BHC-AUG:26617-DB 914-CRIAPLN-3132-19.odt {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CRIMINAL APPLICATION NO. 3132 OF 2019 Vishal S/o. Laxman Bargal

VERSUS

The State Of Maharashtra And Anr ......

Mr. A.M. Phule, APP for Respondent No.1 Mr. B.B. Shelke, Advocate h/f Mr. D.R. Markad, Advocate for Respondent No.2 ......

CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 23 SEPTEMBER, 2025 PER COURT :- 1.

Learned APP submits the e-status downloaded from E-court services. It is taken on record by making exhibit 'X'. It appears that Special Case No.392 of 2018 is pending arising out of C.R. No.415 of 2018 by Tophkhana Police Station. The matter appears to be part heard and it was before the learned Special Judge today itself. 2.

In the present matter, no circulation has been taken since 21.02.2020. The application was filed on 16.09.2019; however, the prayer clause seeks only the quashing of the FIR, even though the Special Case appears to have been filed in 2018. Thereafter, at some point of time, it appears that the record has been produced and copy of

914-CRIAPLN-3132-19.odt {2} the charge-sheet was filed though there was no request for placing the copy of charge-sheet on record, and yet no prayer was made for carrying out the amendment even the affidavit-in-reply has been filed on behalf of State on 11.02.2020 along with the copy of the proforma charge-sheet. This indicates that the applicant is not serious in prosecuting the matter. In these circumstances, and in view of the fact that the evidence is part-heard before the trial Court, we do not consider this to be a fit case for exercising our inherent powers under Section 482 of the Cr.P.C 3.

Criminal Application stands rejected.

[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE S P Rane