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Padmakar Bhaskarrao Ghanwat And ANR v. State Of Maharashtra And ANR

2024-03-18Hon'Ble Shri Justice N. R. Borkar , Hon'Ble Shri Justice Prakash D. Naik2 pages

40-WP-266-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 266 OF 2024 Padmakar Bhaskarrao Ghanwat & Anr.

...Petitioners

Versus

The State of Maharashtra & Anr.

...Respondents

....

Mr. Rahul K. Dhaigude a/w Mr. Dipak Y. Jadhav, Advocate for the Petitioners.

Ms. Sonal Chavan i/by Mr. Siddhesh Pilankar, Advocate for Respondent No.2.

Mrs. Sangita E. Phad, APP for the Respondent No.1 - State. ....

CORAM

:

PRAKASH D. NAIK, & N. R. BORKAR, JJ.

DATE :

18th MARCH, 2024.

P.C.

:

1.

The Petitioners challenge the First Information Report dated 28th March, 2023 registered with Satara City Police Station, Dist. Satara for offences punishable under Sections 193, 201, 342, 392, 384, 120-B r/w Section 34 of Indian Penal Code and Sections 7, 13, 13(1)(d) of the Prevention of Corruption Act, 1988, which is registered pursuant to the order passed by the learned 2nd J.M.F.C., Satara under Section 156 (3) of Cr.P.C. on 21st March 2023. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.03.20 14:45:14 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

40-WP-266-2024.doc 2.

Learned Advocate for the Petitioners submitted that the private complaint was filed by Respondent No.2 seeking aforesaid directions under Section 156(3) in respect to the alleged incidents which had occurred six years ago. The directions were issued by the learned Magistrate without sanction.

3.

Learned Advocate Ms. Sonal Chavan submits that she has instructions to appear for Respondent No.2.

4.

Issue notice to respondent No.2, returnable on 23rd April 2024.

5.

Learned Advocate Ms. Sonal Chavan waives service. Copy of the Petition be served upon learned Advocate for Respondent No.2. (N. R. BORKAR, J.) (PRAKASH D. NAIK, J.) Sajakali Jamadar