Ganesh Hanumant Ghuge v. The State Of Maharashtra And ANR
(20)APPLNNo.1872016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.187 OF 2016 Ganesh Hanumant Ghuge ...
Applicant V/s.
The State of Maharashtra & Anr.
...
Respondents .....
None for the Applicant.
Mr.S.V.Gavand, APP for the Respondent/State.
....
CORAM : A.M.BADAR J.
DATED : 16th JULY 2018.
P.C. :
This application is registered on the basis of communication sent by the prisoner from the jail. Prayers are to the effect that the learned Judicial Magistrate First Class, Court No.8, be directed to commit the Criminal Case to the Court of Session as the offences are exclusively triable by Court of Sessions. Another prayer is to the effect that his application for discharge moved in that case be decided within one month. Offence against police officers and Public Prosecutor be registered as Police Officers assaulted, abused and threatened him at the time of registration of the offence and the concerned Court be directed to send his production warrant to Yerwada Central Prison. Gaikwad RD 1/2
(20)APPLNNo.1872016 The learned Additional Public Prosecutor has made statement on instructions that Crime No.65 of 2015 has resulted in registration of Regular Criminal Case No.1091 of 2015 and on committal it came to be registered as the Sessions Case No.41 of 2016. It ended in acquittal on 21st July 2017. Thus the principal grievance of the applicant no more survives. So far as prayer of the applicant regarding registration of crime against police officers on the ground that they have beaten, abused and threated him is concerned, the applicant has remedy to make such grievance before the concerned Authority for taking action according to law. As in Sessions Case No.41 of 2016, the applicant is already acquitted, there is no question of sending his production warrant to Yerwada Central Prison, Pune.
In the result, the application is rejected.
Digitally signed by Raju Dattatraya Gaikwad Date:
2018.07.16 16:53:13 +0530 Raju Dattatraya Gaikwad (A.M.BADAR J.) Gaikwad RD 2/2