Bhanudas Laxman Darekar And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:14186-DB 2 appln. 4060 2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4060 OF 2023 Bhanudas Laxman Darekar And Others

Versus

The State Of Maharashtra And Another WITH CRIMINAL WRIT PETITION NO. 713 OF 2023 ----------------------------------------------------------------------------------------------------- Adv. G. G. Kadam, Advocate for Applicants Mr. N. R. Dayama, APP for Respondent No. 1 Adv. S. P. Salgar, Advocate for Respondent No. 2 -----------------------------------------------------------------------------------------------------

CORAM

:

SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

DATE :

7th MAY, 2025 ORDER :

1.

Present application has been filed for quashing the proceedings in RCC No. 812 of 2021 pending before learned Judicial Magistrate First Class, Shrigonda, Dist. Ahmednagar, arising out of First Information Report bearing Crime No. 469 of 2021 dated 17.07.2021 registered with Police Station Shrigonda, Dist. Ahmednagar for the offence punishable under Sections 452, 427, 506 read with Section 34 of the Indian Penal Code, 1857.

2.

The learned advocate for the parties are pointing out that [1]

2 appln. 4060 2023 there are cross complaints. Crime No. 471 of 2021 has been filed under Sections 323, 324, 447, 504, 506 read with 34 of Indian Penal Code, 1857. Place, date and time of the offence appears to be approximately same.

3.

Under such circumstance, there would be disputed question of fact, which we cannot go into and therefore, this is not a fit case, where we should exercise power under Section 482 of Code of Criminal Procedure,1973.

4.

Therefore, present application as well as writ petition stands rejected.

[ SANJAY A. DESHMUKH ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE komal_kamble/ [2]