Maruti Bapu Sutar And ORS v. The State Of Maharashtra And ANR
LSP 1 902 wp 5576.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Writ Petition No.5576 of 2024 Maruti Bapu Satar ...
Petitioner V/s.
The State of Maharashtra & anr.
...
Respondents.
Mr. Dhananjay Bhosale for the Petitioner.
Mr S.V. Gavand, APP for the State.
Digitally signed by LATA SUNIL PANJWANI Date:
2025.03.15 12:19:23 +0530 CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.
LATA SUNIL PANJWANI DATE : 12th March 2025.
P.C. :
This matter is placed by the office for speaking to the minutes to correct the typographical error in Para No.3 of the order dated 29th January 2025. In that Para the Court is described as 'JMFC, Talegaon' whereas the right Court is 'JMFC Kadegaon'. The prayer also mentions 'JMFC, Kadegaon', therefore, this typographical error in Para No.3 of the order dated 29th January 2025 be corrected. Instead of JMFC, Talegaon, it shall be mentioned as JMFC Kadegaon.
2.
The order dated 29th January 2025 stands corrected to the aforesaid extent only. The rest of the order shall remain as it is. The corrected order be uploaded accordingly.
(S.M. MODAK, J.) (SARANG V. KOTWAL,J)
LSP 2 902 wp 5576.24.doc CORRECTED ORDER DATED 29 th JANUARY 2025 READS THUS:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Writ Petition No.5576 of 2024 Maruti Bapu Sutar & others ...
Petitioners V/s.
The State of Maharashtra and anr.
...
Respondents.
Mr. Dhananjay K. Bhosale a/w. Mr. Pranav Borgave for the Petitioners.
Ms. Anuja S. Gotad, APP for the State.
CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.
DATE : 29 January 2025.
P.C. :
This petition is for quashing of the FIR registered vide C.R. No.245/2023 at Kadegaon Police Station and resultant charge-sheet bearing R.C.C. No.159/2024 before learned J.M.F.C. Kadegaon. The principal contention of the learned counsel for the Petitioner is that for the same incident dated 16th December 2023 another FIR was lodged by one Sukhdev Sutar vide C.R. No.236/2023 at Kadegaon Police Station on 17th December 2023. There is a reference to the present Respondent No.2 in that particular FIR.
LSP 3 902 wp 5576.24.doc Inspite of that subsequently Respondent No.2 lodged a false FIR relating to same incident dated 16th December 2023 vide C.R. No.245/2023 at Kadegaon Police Station on 28th December 2023. He submitted that the second FIR regarding the same incident was not permissible and inspite of that the investigating agency has filed charge-sheet in both the registered offences. Prima-facie, we find substance in the submissions of learned counsel for the Petitioner. 2.
Therefore, issue notice to Respondent No.2, returnable on 19th March 2025.
3.
Till then the proceedings pending before the learned JMFC, Kadegaon vide RCC No.159/2024 shall remain stayed. 4.
Stand over to 19th March 2025.
(S.M. MODAK, J.) (SARANG V. KOTWAL,J)