Ganesh Pandurang Gite v. The State Of Maharashtra And Another

2023:BHC-AUG:26805-DB 906 APPLN.3911.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

906 CRIMINAL APPLICATION NO. 3911 OF 2023 Ganesh Pandurang Gite.

... Applicant

Versus

1.

The State of Maharashtra.

2.

Shivaji Harichandra Jadhav.

... Respondents ...

Advocate for Applicant : Mr. Prashant R. Nangare. APP for Respondent/State : Ms. Kavita R. Jamdhade. Advocate for Respondent No.2 : Mr. Shantaram Ravji Dheple. ...

CORAM :

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

DATE :

19th December, 2023.

Per Court:

.

Heard.

It is a case for the offences punishable under Sections 324, 323, 143, 147, 148, 149, 427, 504 and 506 of the Indian Penal Code.

Respondent No.2/informant (only victim) gives express consent to allow this application. It is informed that initially the Investigating Officer had moved an application to the Trial Court informing the present applicant to have no rule in the crime in question.

906 APPLN.3911.2023.odt He has, however, later on, filed charge-sheet in which the present applicant has one of the accused. Be that as it may. It is a case of offence punishable under Section 324 of IPC and other offences, which are comparatively less serious in nature. Since the sole victim gives express consent to allow the application, we allow the application in terms of prayer clause (B) in spite of there being strong objection by the learned APP. [ SANJAY A. DESHMUKH, J. ] [ R. G. AVACHAT, J. ] nga