Markhandi S/O Patruji Chaware v. State Of Maharashtra Thr Pso, Ps Mul Dist. Chandrapur

Order cri wp 103.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPW) NO. 239 OF 2025 in CRIMINAL WRIT PETITION NO. 103 OF 2025 [Markhandi Patruji Chaware and ors. vs. State of Maharashtra, through P.S.O., P.S. Mul, District Chandrapur and ors.] --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders.

--------------------------------------------------------------------------------------------------------------------------------- Mr. R. P. Durge, Advocate for the petitioners Mr. I. J. Damle, A.P.P. for the State/respondent nos. 1, 3 & 4 CORAM: ANIL L. PANSARE AND RAJ D. WAKODE, JJ.

DATE : 13-11-2025.

For the reasons set out in the application, the application is allowed.

Amendment shall be carried out within two weeks.

CRIMINAL WRIT PETITION NO. 103 OF 2025 Learned Additional Public Prosecutor submits that the charge-sheet was filed on 24-1-2025 and cognizance have been taken.

Since the cognizance is taken, remedy under Article 226 of the Constitution of India will not be available to the petitioner in terms of the judgment of the Supreme Court in the case of Pradnya Pranjal Kulkarni Vs. State of Maharashtra and anr. [2025 SCC

Order cri wp 103.2025.odt OnLine SC 1948].

Learned counsel for the petitioner submits that the petition has been also filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') and that he will pursue the remedy under the said provision.

The petition shall accordingly be treated as application under Section 528 of the BNSS.

Registry to list the application before the appropriate Bench.

(JUDGE) (JUDGE.) wasnik