Damodar Govind Jadhav And ANR v. The State Of Maharashtra And ORS

Sherla V.

wp.1058.2018_14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1058 OF 2018 Damodar G. Jadhav & Ors.

... Petitioners Vs.

The State of Maharashtra & ors.

... Respondents Mr.D.W. Bhosale for the Petitioner Mr.A.R. Patil, APP, for the Respondent - State Mr.P.G. Sarda for Resp. Nos.3 to 7 CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JANUARY 7, 2019 P.C.:

1.

In this Writ Petition, the order dated 14.11.2017 passed by the learned Additional Sessions Judge, Pandharpur thereby dismissing the application filed below exhibit 62 in R.C.C. No.117 of 2012, by the order of the learned JMFC, Mangalwedha, is challenged.

2.

The petitioner, who is the original complainant, has made the application before the learned JMFC for alteration of charge under section 216 of the Criminal Procedure Code from Section 325 of the Indian Penal Code to section 307 of the Indian Penal Code.

wp.1058.2018_14.doc The learned JMFC has rejected the said application and the order was confirmed by the learned Additional Sessions Judge. 3.

Perused the FIR and the statements and also the injury certificates. No illegality is found in the orders passed by both the Courts below. Hence, the petition is dismissed. The trial Court to proceed with the evidence immediately. The trial is to be expedited and shall be concluded on or before 30th March, 2019. 4.

Writ Petition is disposed of accordingly.

(MRIDULA BHATKAR, J.)