Balu S/O. Bhimrao Jadhav And Others v. State Of Maharashtra Thr. Deputy Superintendent Of Police Umarkhed Dist. Yavatmal And Others

902 apl 723-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPP) NO.567/2025 IN CRIMINAL APPLICATION (APL) NO.723/2017 Balu s/o Bhimrao Jadhav and others Vs.

State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri V.N. Patre, Advocate for applicant Shri I.J. Damle A.P.P. for respondent No.1/State Shri I.V. Tambi, Advocate for respondent No.2 CORAM : SHRI ANIL S. KILOR AND SHRI PRAVIN S. PATIL, JJ.

DATE : 11.06.2025 1.

This matter is pending since 2017 for quashment of First Information Report. The stay was granted to the effect not to file charge-sheet. However, with the lapse of a period in between and investigation is over, hence the application came to be filed for permission to file charge-sheet.

2.

Considering the nature of offence and the allegations, we are of the opinion that the State shall be permitted to file charge-sheet. Accordingly, the application is allowed.

902 apl 723-2017.odt CRIMINAL APPLICATION (APL) NO.723/2017 1.

Since this Court has permitted the State to file charge-sheet and as in the present matter, the challenge is raised to the First Information Report only, the learned Counsel for the applicants seeks permission to amend the application to raise a challenge to the charge-sheet. However, we are of the opinion that a purpose would be served if the present application is disposed of with liberty to the applicants to file afresh raising a challenge to the charge-sheet, if the applicants so desire.

2.

Accordingly, the application is disposed of with liberty to the applicants to file afresh raising a challenge to the charge-sheet if the applicants so desire or the applicants may take any other recourse as available in the law. (PRAVIN S. PATIL, J.) (ANIL S. KILOR, J.) R.S. Sahare