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Bombay High CourtWP/1740/2025disposed off

Vilas Hari Shela v. The State Of Maharashtra And ANR

2025-04-08Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

18-wp-1740-25 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1740 OF 2025 Vilas Hari Shelar ..Petitioner

Versus

The State of Maharashtra & Anr.

..Respondents __________ Mr. Sandeep Barve i/b. B. K. Barve & Co. for Petitioner. Smt. M. H. Mhatre, APP for State/Respondent.

__________ CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ.

DATE : 8 APRIL 2025 PC :

1.

This petition is filed for quashing of the F.I.R. registered vide C.R.No.205 of 2024 at MIDC police station, Taluka Sinnar, Dist. Nashik, under sections 354, 323, 504 and 506 r/w. 34 of the I.P.C. and the resultant R.C.C.No.475 of 2024 before the J.M.F.C., Sinnar, Dist. Nashik.

2.

Learned counsel for the petitioner invited our attention to the F.I.R. wherein there is no mention of the present petitioner and there is no role attributed to him at all. He is subsequently named in the statement recorded U/s.164 of the Cr.p.c. and in the Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.04.15 11:36:48 +0530 VINOD BHASKAR GOKHALE

18-wp-1740-25 supplementary statement dated 08.11.2024. Learned counsel, therefore, submitted that the petitioner is clearly roped in as an afterthought. He invited our attention to the order dated 24.10.2024 passed in Criminal Writ Petition No.3162 of 2024 wherein, ad-interim protection was granted to the co-accused Akash.

3.

Considering this submission, it is necessary to hear the other side. Learned counsel for the petitioner has made out a case for grant of ad-interim relief.

4.

Hence, the following order:

O R D E R

i) Issue Notice to the Respondent No.2, returnable on 09.07.2025.

ii) Till that date, the Trial Court shall not proceed against the petitioner.

iii) This petition be tagged with W.P.No.3162 of 2024 and both these petitions be listed on 09.07.2025. (S. M. MODAK, J.) (SARANG V. KOTWAL, J.)