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Bombay High CourtWP/4545/2016others disposed off

Vishnu Tatoba Chavan And ORS v. Ajit Tukaram Chavan And ORS

2018-09-24Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 24-wp4545.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4545 OF 2016 Vishnu Tatoba Chavan & Ors.

....Petitioners.

Vs.

Ajit Tukaram Chavan & Ors.

....Respondents.

Mr. R.A. Naik I/by U.R. Mankapure for the Petitioners. Mr. A.R. Patil APP, for the Respondent­State. Mr. Y.B. Lengare and Jotiram R. Jadhav I/by Ashish Pawar for the Respondent Nos. 1 and 2.

CORAM : A. S. GADKARI, J.

DATE : 24th SEPTEMBER, 2018.

P.C.:­ Heard Mr. Mankapure, the learned counsel appearing for the Petitioners, the learned counsel for the Respondent Nos. 1 and 2 and the learned APP. Perused the record.

By the present Petition, the Petitioners have impugned the Order dated 11th December, 2014 passed by the learned Judicial Magistrate, First Class, Atpadi, District Sangli in RCC No.78 of 2014, directing the investigation under Section 156(3) of the Code of Criminal Procedure in a Complaint lodged by the Respondent No.2 and the Judgment and Order dated 28th November, 2016 passed in Criminal Revision Application No. 17 of 2016, by the learned District 1/2

ssm 2 24-wp4545.16.doc Judge­3 and Additional Sessions Judge, Sangli, dismissing the Revision and upholding the Order passed by the learned Trial Court. The learned counsel for the Respondent Nos. 1 and 2 submitted that, as a matter of fact, the police have already completed investigation in the said crime and have submitted charge­sheet. In view thereof, the present Petition does not survive as it has become infructuous. Petition is accordingly dismissed. by S S Mashalkar Date:

2018.10.08 14:46:27 +0530 (A.S. GADKARI, J.) S S Mashalkar 2/2