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Bombay High CourtAPL/316/2022rejected

Pawan Ashok Suryawanshi And Others v. State Of Mah. Thr. Pso, Ps, Brahmapuri, Dist. Chandrapur.And Another

2022-03-07Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice Amit B. Borkar1 pages

29 apl316.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.316 OF 2022 Pawan Ashok Suryawanshi and others Vs. The State of Maharashtra and another _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri Sandip Tatke, Advocate for applicants.

Shri M.K. Pathan, APP for respondent No.1.

CORAM : V.M. DESHPANDE AND AMIT B. BORKAR, JJ.

DATE : 07 th MARCH, 2022.

Heard Shri Sandip Tatke, learned counsel for the applicants.

2.

After having hearing the learned counsel for the applicants and after having gone through the F.I.R. and relevant statements annexed with the charge-sheet, we are of the view that this is not a case wherein the charge-sheet should be quashed without giving opportunity to the prosecution to adduce the evidence. Though it is the submission of the learned counsel for the applicants that the applicant nos.2 and 3 are not resident of very same village, that is a matter of evidence. For that, opportunity will have to be given to both the sides to adduce the evidence in trial. Hence, the application is rejected.

JUDGE JUDGE Wagh Signed By:SURESH RAOSAHEB WAGH Personal Assistant to the Hon'ble Judge