Sushila Pralhad Salunke And ORS v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5439 OF 2024 Mrs. Sushila Pralhad Salunke And Ors.
...Petitioners
Versus
The State of Maharashtra And Anr.
...Respondents
__________ Mr. Bavel Singh a/w Mr. Chirag Rathod, learned Advocate for the Petitioners.
Mr. Prasanna P. Malshe, learned A.P.P. for the State/Respondent No. 1. Mr. Vishwatej Rajsinh Jadhav, learned Advocate for Respondent No. 2. WHC-2044 Ms. V. S. Bhosale attached to Bhor Police Station, Pune is present in the Court.
__________ CORAM :
ASHWIN D. BHOBE, J.
DATE :
7th JANUARY 2026.
P.C. :
1.
By the present Petition filed under Article 226 of the Constitution of India and under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Petitioners have sought for the following substantive reliefs :- "B.
That this Hon'ble Court may please to issue a writ, direction or order under Article 226 of the Constitution of India, and in exercise of its inherent powers be pleased to Quash and Set-aside the F.I.R. No. 0190 of 2024 dated 26.09.2024 registered with Bhor Police Station, Pune for the offences punishable under Sections 498A, 504, 506, 323 r/w 34 of I.P.C.
C.
That this Hon'ble Court be pleased to issue a writ, direction or order under Article 226 of the Constitution of India, and in exercise of its inherent powers be pleased to issue a writ of mandamus and/or any other appropriate writ and/or order directing the Bhor Police Station, Pune not to file the charge-sheet or final report without prior permission of this Hon'ble Court in the C.R. No. 0190 of 2024 dated 26.09.2024 registered with Bhor Police Station, Pune for the offences punishable under Sections 498A, 504, 506, 323 r/w 34 of I.P.C."
2.
Mr. Bavel Singh, learned Advocate for the Petitioners submits that during pendency of the present Petition, Respondent No. 1 has filed the charge-sheet in Crime No. 0190 of 2024 dated 26.09.2024 registered with Bhor Police Station, Pune. He therefore, on instructions from the Petitioners, craves leave to withdraw the present Petition with liberty to file a composite Petition questioning the First Information Report as well as the charge-sheet filed in the said crime.
3.
Mr. Prasanna Malshe, learned A.P.P. for the State/Respondent and Mr. Vishwatej Jadhav, learned Advocate for Respondent No. 2 do not object to the said request and submit that leave be granted to file a composite Petition.
4.
In view of the above, leave granted to withdraw the present Petition with liberty to file a composite Petition challenging the FIR impugned in this Petition as well as the charge-sheet filed in the said Crime No. 0190 of 2024 dated 26.09.2024 registered with Bhor Police Station, Pune.
5.
All the contentions of parties are left open.
6.
Writ Petition No. 5439 of 2024 is disposed of as withdrawn with liberty as prayed for.
[ASHWIN D. BHOBE, J.] GITALAXMI KRISHNA KOTAWADEKAR GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.01.08 10:27:04 +0530