Sagar S/O Gajanan Deurkar And Others v. The State Of Mah. Thr. Ps Mul Dist. Chandrapur And Others

2024:BHC-NAG:1022-DB 1 905.wp.63.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.63/2024 Sagar S/o. Gajanan Deurkar and Ors.

Vs.

State of Maharashtra and Ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. M. Bahirwar, Advocate for Petitioners. Mr. M. J. Khan, A.P.P. for Respondents/State. CORAM : VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ .

DATED : 24/01/2024.

.

Herd.

2.

The petitioners have filed a report on the basis of which crime has been registered with Police Station, Mul, District Chandrapur on 14.10.2021 for the offences punishable under Sections 409, 420, 381 read with Section 34 of the Indian Penal Code. In pursuance of the said report, police have registered the crime as well as carried out the investigation, which culminated into filing of the charge sheet against two accused. It is the petitioner's grievance that though the respondent Nos.4 and 5 were responsible for the offence, however, they have not been added. The petitioner has already filed such additional application to the police, but no action was taken. 3.

The petitioners seek directions to the police to add respondent Nos.4 and 5 as an accused in the crime. Already the charge sheet has been filed and pending before the concerned Court. If during the course of trial anything emerges, the Trial Court is well competent to recourse the provisions of Section 319 of the Code of Criminal

2 905.wp.63.24 Procedure, 1973. Besides that, the petitioners have their independent remedy to file private complaint of which the learned Magistrate will take appropriate action. 4.

Considering the above position, we are not inclined to entertain the petition. Hence, the petition is disposed of.

(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) RGurnule