Dattatray Baraku Wadekar And ORS v. State Of Maharashtra

1 / 2 37-WP-558-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.558 OF 2024 Dattatray Baraku Wadekar & Ors.

.... Petitioners versus The State of Maharashtra & Anr.

.... Respondents .......

• Mr. Sameer Singh a/w Ojas Kocharekar, Advocate for Petitioners. • Mr. Pravin Dabake i/b. Vikas Shivarkar, Advocate for Respondent No.2.

• Mr. J. P. Yagnik, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 08th APRIL, 2025 P.C. :

1.

Learned counsel for the Petitioner submitted that during pendency of this Petition, the charge-sheet is filed. He seeks leave to amend to annex the copy of the charge-sheet. 2.

Leave is granted to annex the copy of the charge-sheet and also to carry out consequential amendment in the Petition. 3.

Amendment be carried out within a period of four weeks from today.

4.

Learned counsel for the Petitioner invited our attention Digitally signed by MANUSHREE NESARIKAR Date:

2025.04.16 12:27:03 +0530 MANUSHREE NESARIKAR to the FIR. He submitted that from the FIR it is clear that the main dispute was between the Respondent No.2 and her Nesarikar

2 / 2 37-WP-558-24.odt husband. The cause of dispute was the husband's alleged extra marital relationship. There is a general statement against all the other relatives, who are the Petitioners before this Court in the present Petition.

5.

Considering this statement, it is necessary to hear the other side.

6.

Issue notice to the Respondent No.2.

7.

Learned counsel Mr. Pravin Dabake appears and states that he has instructions to appear for the Respondent No.2. He waives service on the Respondent No.2.

8.

The learned counsel for the Petitioner has made out a case for ad-interim relief.

9.

Till the next date, the Trial Court shall not proceed against the Petitioners.

10.

Stand over to 09/07/2025.

(S. M. MODAK J.) (SARANG V. KOTWAL, J.)