Amol Sanjay Jadhav v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1257 OF 2025 Amol Sanjay Jadhav ..Petitioner

Versus

The State of Maharashtra & Ors.

..Respondents __________ Mr. Sachin Vilas Prayag for Petitioners.

Mr. S. V. Gavand, APP for State/Respondent.

__________ Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.03.20 10:41:40 +0530 MANGALTAI JAYWANT JADHAV CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 18th MARCH, 2025 PC :

1.

The Petitioner had approached this Court vide Criminal Writ Petition No. 4506 of 2024 for the same relief of quashing of charge-sheet arising out of Crime No. 218 of 2024 registered at Sangli Police Station. A Division Bench of this Court vide order dated 21st October 2024 passed the following order: "1.

After arguing for some time, when we expressed out disinclination to grant relief in this Petition, the learned counsel for the Petitioner prays for withdrawal of this Petition. He seeks liberty to file Discharge Application.

2.

Permission is granted. The Petition is allowed to be withdrawn. The Petitioner is at liberty to prefer application for discharge. If such application is preferred, it shall be decided on ts own merits in accordance with law without being influenced by order of withdrawal of this Petition.

3.

The Petition is disposed of as such."

2.

After that, the Petitioner preferred discharge application before the trial Court on 22nd January 2025, it is pending for adjudication.

3.

Learned APP for the State pointed out that the same Advocate, who had appeared in Criminal Writ Petition No. 4506 of 2024 has preferred the present Petition. He has completely suppressed the earlier litigation that is, filing of Criminal Writ Petition No. 4506 of 2024 and the order dated 21st October 2024 passed in the same. This is a serious material suppression of facts. 4.

Learned APP further submitted that the Petitioner's discharge application is filed on 22nd January 2025 and the next date is 27th March 2025.

5.

In this view of the matter, considering the order dated

21st October 2024 and also considering the suppression of the material fact on the part of the Petitioner, we are not inclined to entertain this Petition.

6.

However, by way of indulgence, we have not taken any action against the Petitioner or his Advocate for suppressing the material facts.

7.

The trial Court is requested to decide the discharge application as early as possible. With these observations, the Petition is disposed of.

(S. M. MODAK, J.) (SARANG V. KOTWAL, J.)