Maruti Ishwar Kumbhar v. The State Of Maharashtra And ANR

54-wp-4774-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4774 OF 2024 Maruti Ishwar Kumbhar ..Petitioner

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Aditya S. Raktade for Petitioner.

Mr. Ajay Patil, APP for State/Respondent.

__________ CORAM : SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.

DATE : 27 NOVEMBER 2024 PC :

1.

Learned counsel for the petitioner submits that the subject matter of the present petition is C.R.No.240 of 2024 registered at Shahuwadi police station on 02.09.2024, under sections 74 and 78 of the Bharatiya Nyaya Sanhita, 2023. He submitted that the F.I.R. mentions two incidents dated 30.08.2024 and 01.09.2024. On both these dates, he was engaged in final rites in respect of death of his mother and he was on bandobast duty for VIPs. He was not present in the house of the informant. 2.

Learned APP seeks time.

Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.11.28 12:06:38 +0530 VINOD BHASKAR GOKHALE

54-wp-4774-24 3.

Considering these submissions, it is necessary to hear the other side.

4.

Hence, the following order:

O R D E R

i) Issue Notice to the Respondent No.2, returnable on 05.02.2025.

ii) Stand over to 05.02.2025.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)