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Machindra Suresh Pichad And ORS v. The State Of Maharashtra And ANR

2025-01-13Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice S. M. Modak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.01.14 18:39:37 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1637 OF 2024 Machindra Suresh Pichad & Ors.

..... Applicants

VERSUS

State of Maharashtra & Anr.

..... Respondents ...

Mr. Amol B. Jagtap for the Applicants.

Ms. P. N. Dabholkar, A. P. P. for the State - Respondent No.1. ....

CORAM :

RAVINDRA V. GHUGE AND RAJESH S. PATIL, JJ.

DATE :

13th January, 2025 P.C. :

1.

We have heard the learned Advocate for the Applicants and perused the FIR No. 0033 of 2023, dated 1st March, 2023 registered with the Panhala Police Station, District Kolhapur. 2.

Since we expressed our disinclination, the learned Advocate for the Applicants submits on instructions that this Application would not be pressed as against the mother-in-law, Petitioner No.2 Mirabai 1/3

Suresh Pichad. The husband and father-in-law of the Complainant have not filed an Application under Section 482 of the Code of Criminal Procedure, 1973. Hence, this Application stands partly disposed off as withdrawn, to the extent of Mirabai Suresh Pichad. 3.

Having considered the contents of the FIR, we find that this Application can be entertained to the extent of Petitioner no. 1, Machindra Suresh Pichad (brother-in-law), Petitioner no. 3, Ashwini Machindra Pichad and Petitioner no. 4, Madhuri Rahul Bhawari (married sister-in-law).

4.

Issue notice to the Respondents, returnable on 17th February, 2025. The learned A.P.P. waives service of notice on behalf of Respondent No.1.

5.

Since the charge-sheet has been filed, we direct that the charge as against Machindra Suresh Pichad, Ashwini Machindra Pichad and Madhuri Rahul Bhawari, shall not be framed and their presence shall not be insisted for. Though this Petition is disposed off as withdrawn with regard to the Petitioner No.2, Mirabai Suresh Pichad, we direct that she would remain represent before the Trial Court at the time of 2/3

recording of the evidence.

6.

All office objections, if any, to be removed on or before 30th January, 2025, failing which, the Application would stand dismissed without reference to the Court, on 31st January, 2025. (RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.) 3/3