Dr. Suresh S/O Kanhayalal Pashine v. State Of Mah. Thr. Ps Incharge, Jaripatka Ps, Nagpur And Another

1 3.3a.apl.3392020.apl.338.2020

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 816 OF 2024 IN CRIMINAL APPLICATION NO.339 OF 2020 Dr. Suresh s/o Kanhayalal Pashine ..vs..

State of Maharashtra and anr.

AND CRIMINAL APPLICATION NO.338 OF 2020 Dr. Priyancka w/o Kaustubh Guptey and anr.

..vs..

State of Maharashtra and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.S. Dharmadhikari, Advocate for the applicants. Shri Lule, Addl.P.P. for the State.

CORAM: ANIL S. KILOR AND PRAVIN S. PATIL, JJ. DATED : 13/06/2025.

Heard.

2.

Learned Additional Public Prosecutor seeks permission to file the charge-sheet in view of the order of this Court dated 29.10.2020 directing the respondent not to file charge-sheet.

3.

Since the period of 5 years is lapsed and in the meantime, the investigation is complete and the permission is granted.

CRIMINAL APPLICATION NOS. 339/2020 AND 338 OF 2020 4.

Since we have permitted the State to file the charge-sheet and in the present matters the challenge is raised to the First Information Report, learned Counsel for the applicants, in view of the subsequent order of this Court permitting the State to file the charge-sheet, seeks to raise the

2 3.3a.apl.3392020.apl.338.2020 challenge to the said charge-sheet and prays for permission to amend the applications.

5.

Considering the nature of allegations, offence and further the fact that the purpose would be served, if the applicants are permitted to file the application afresh, raising a challenge to the charge-sheet, we hereby disposed of the present applications and permit the applicants to file it afresh raising the challenge to the charge-sheet, if he so desire. 6.

At this stage, learned Counsel for the applicants submits that some time period may be fixed for the State to file the charge-sheet otherwise there is a possibility that the applicant would not get the knowledge of the filing of the charge-sheet in the Trial Court.

7.

Thereupon, learned Additional Public Prosecutor makes a statement that within two weeks, the charge-sheet will be filed in the Trial Court.

8.

In that view of the matter, the statement is accepted. The applications are disposed of with liberty to file it afresh.

(PRAVIN S. PATIL , J.

) (ANIL S. KILOR , J.

) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 13/06/2025 18:49:29