Dr Rajesh Shinde v. The State Of Maharashtra And ANR
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501. WP 4520 of 2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4520 OF 2024 Dr. Rajesh Shinde .....Petitioner
Versus
The State of Maharashtra and Anr.
.....Respondents ----- Dr. Uday Warunjikar i/by Aditya Kharkar - Advocate for the Petitioner.
Ms. M. M. Deshmukh - APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.
DATE : 02nd MAY 2025 P.C. :
1.
In this case vide the order dated 10.02.2025, notice was issued to the Respondent No. 2, however the Petitioner had not supplied a spare copy. Therefore, notice could not be sent to the Respondent No. 2.
2.
In the meantime, the charges are framed on 28.02.2025. Therefore, the learned Counsel for the Petitioner seeks leave to amend to add the prayer for setting aside the judicial order of framing of the charges. Leave to amend is granted. The cause title also be corrected to include Article 227 of the Constitution of India by SEEMA KSHITIJ YELKAR Date:
2025.05.05 11:16:27 +0530 Seema SEEMA KSHITIJ YELKAR
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501. WP 4520 of 2024.odt and Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS).
3.
Amendment be carried out within a period of one week from today. The learned Counsel for the Petitioner submitted that the matter is kept before the trial Court on 07.05.2025 and if the trial proceeds, this petition would become infructuous. Therefore, adinterim relief can be granted to the Petitioner, so that this petition does not become infructuous. Once the amendment is carried out, the Office to verify whether the matter would then lie before a Single bench, because the prayer would be in respect of challenging the judicial order. After such verification, matter be placed before the appropriate bench on 20th June 2025.
4.
Till then, the trial Court shall not proceed with the trial. 5.
Learned Counsel for the Petitioner shall furnish a spare copy within a period of one week from today. Once the spare copy is supplied, then fresh notice be sent to the Respondent No. 2, returnable on 20th June 2025.
(S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Seema