Yogesh S/O Balkrishna Waghmare v. State Of Mah., Thr. P.S.O. Ps, Borgaon (Manju) Tah And Distakola And 2 Others

2026:BHC-NAG:20-DB 1 03 APL 88.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APL] NO.88 OF 2020 [Yogesh s/o Balkrishna Waghmare .vs. State of Maharashtra and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri O.Y. Kashid, Advocate for Applicant.

Ms. S.N. Thakur, APP for Non-Applicant Nos.1 and 2/State. ..................

CORAM : PRAVIN S. PATIL, J.

DATED : JANUARY 05, 2026 .

1.

By this application, applicant is seeking quashment of criminal proceeding arising out of Chargesheet No.7/2018 dated 5.2.2018 in a pending Sessions Trial No.12/2018. The fact revealed from the perusal of the record that in the present matter the first information report was lodged on 27.7.2017 and then chargesheet was filed on 5.2.2018. 2.

In the present matter, it is further seen from the record that notice to the non-applicant no.3 is till date not served through court.

3.

The applicant has filed pursis on record stating that notice was served by him through registered post as permitted by this court, but the receipt of acknowledgment of the same is not available with him.

4.

In view of this factual position, this court has verified from the Advocate appearing in the matter about the status of the pending Atrocity Special Case No.12/2018 before District and Sessions Judge, Akola.

The learned counsel for the applicant fairly stated that the trial is already commenced in the

2 03 APL 88.2020.odt matter and at present prosecution has examined three witnesses. As such, Trial is going on in the matter. 5.

In the circumstances, I am of the opinion that considering the fact that trial is already commenced in the matter, it will not be proper to interfere at this stage in the present application. Hence, the present application stands disposed of.

(PRAVIN S. PATIL, J.) Gulande