Vivek Shrikant Pandey v. State Of Maharashtra Through Kolshewadi Police Station Kalyan And ANR

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.01.28 11:17:32 +0530 Trupti 905-wp-120-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 120 OF 2025 Vivek Shrikant Pandey ...

Petitioner versus State of Maharashtra & Anr.

...

Respondents ---- Mr.Raghavendra Mehrotra for the Petitioner, appointed by the Legal Aid.

Mr.A.A.Palkar, APP for Respondent No.1, State. ---- CORAM :

RAVINDRA V. GHUGE & RAJESH S. PATIL, JJ.

DATE :

24TH JANUARY, 2025.

P.C. :- 1.

This matter was heard for some time. We expressed our disinclination.

2.

The learned APP submits that the Accused persons can raise the point of whether Section 363 of the Indian Penal Code,1860 (IPC) would be applicable. While framing of the charge, the Trial Court can consider as to whether any act committed by them would be punishable under Section 363 of the IPC, read with the definition of 'kidnapping from India' under Sections 359 and 360 of the IPC.

Trupti 905-wp-120-2025.odt 3.

The learned Advocate for the Petitioner submits that the Petitioner desires to withdraw this Petition. Liberty be granted to address the Court while framing of the charge insofar as Section 363 is concerned. If the Petitioner desires to avail of a remedy for seeking discharge, as the charge-sheet has been filed, he prays that all contentions be kept open.

4.

In view of the above, this Writ Petition is disposed off as withdrawn, on instructions. While framing of the charge, we grant liberty to the Petitioner to address the Court on the applicability of Section 363 of the IPC.

5.

In the event, the Petitioner avails of a remedy for seeking discharge, as the charge-sheet has been filed, the withdrawal of this Petition would not be an impediment and all contentions are kept open.

(RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.)