Jagdish Bansilal Kabare v. State Of Maharashtra

V.A. Tikam 31- WP 3275 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3275 OF 2023 Jagdish Bansilal Kabare .. Petitioner vs.

State of Maharashtra and Ors.

.. Respondents Mr. Vinaykumar Khatu for Petitioner Mr. Mahalakshmi Ganpathy, APP for State CORAM: A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 6th DECEMBER, 2023.

P. C.:- 1) At the outset, it may be noted that the prayer clauses (a) and (b) as have been drafted and presented in the Petition are not tenable in the eyes of law.

2) As far as prayer clause (c) i.e. quashing of C.R. No. 173 of 2023 dated 10th August, 2023 is concerned, in view of the facts narrated in the FIR and the investigation carried out till date, we are not inclined to quash the FIR. 3) As far as prayer clause (d) i.e. an alternate prayer taken by the Petitioners for directing Respondent No.1 to club together the investigation of C.R. No. 279 of 2023 registered with Gadhinglaj Police Station, District Kolhapur and C.R. No. 173 of 2023 registered with Vishrambaugh Police 1/2 Digitally signed by VAISHALI ANIL TIKAM Date:

2023.12.19 18:20:18 +0530 VAISHALI ANIL TIKAM

V.A. Tikam 31- WP 3275 of 2023.doc Station, Pune City, to be handed over to Sangli Police Station is concerned, the learned APP on instructions from Assistant Inspector General of Police (Law & Order) Shri Shivdhare submitted that, the investigation of C.R. No.279 of 2023 registered with Gadhinglaj Police Station, District Kolhapur will be transferred to Vishrambaugh Police Station, Pune City. The investigation of C.R. No.173 of 2023 registered with Vishrambaugh Police Station and C.R. No.279 of 2023 registered with Gadhinglaj Police Station, District Kolhapur will be conducted by Shri. Ravikant Gaikwad, Senior Inspector of Police attached to Vishrambaugh Police Station, Pune City. The said statement is accepted.

4) In view of the above, nothing further survives in the Petition. Petition is accordingly disposed off.

(SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 2/2