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Bombay High CourtWP/5477/2024allowed to be withdrawn

Rakesh Kashinath Dege v. The State Of Maharashtra And ANR

2025-10-08Hon'Ble Shri Justice Sandesh Dadasaheb Patil , Hon'Ble Justice Revati Mohite Dere3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL CRIMINAL WRIT PETITION NO.5477 OF 2024 by VASANT ANANDRAO IDHOL Date: 2025.10.14 11:35:22 +0530 Rakesh K. Dege

...Petitioner

V/s.

The State of Maharashtra & Anr.

...Respondents

Mr.Himanshu Indise with Ms.Megha Jani and Ms.Sowmya Poojary i/b Mr.Vinayak Salokhe for the Petitioner. Mrs.P.P. Shinde, Addl.PP for the Respondent - State. Mr.Nitin Shirke, PSI, Wagale Police Station present. CORAM :

REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 8TH OCTOBER, 2025.

P.C. :- 1.

Heard the learned counsel for the Petitioner. 2.

Issue notice to the Respondents, returnable on 27th November, 2025. Learned Addl.PP waives notice on behalf of the Respondent No.1 - State and seeks time to take instructions. Spare copy to be supplied in the Registry within two weeks from 1/3

today to enable the Registry to issue the notice to the Respondent No.2. Hamdast permitted.

3.

In addition to the Court notice, learned Counsel for the Petitioner to serve the Respondent No.2 by private notice and file affidavit of service before the next date. 4.

We are informed by the learned counsel for the Petitioner that the Respondent No.2 has lodged an identical FIR based on the same cause of action against the Petitioner with Naupada Police Station on 31st January, 2024, alleging the very same offence. The said FIR was registered vide C.R. No.197 of 2024 with Naupada Police Station. He submits that the present FIR being C.R.No.224 of 2024 was lodged by the Respondent No.2 by suppressing the earlier FIR registered by him against the Petitioner alleging the very same offence and for the very same cause.

5.

We are informed by the learned Addl.P.P. that the chargesheet has been filed in this case. She however, requires some time to ascertain the exact date.

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6.

Having heard the learned counsel for the Petitioner, in the meantime, till the next date, the proceedings pending, if any, before the Trial Court shall stand stayed.

(SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) 3/3