Nikhil Narendra Ghate And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.803 OF 2025 Nikhil Narendra Ghate & Ors.

.. Applicants Vs.

State of Maharashtra, Through Bhadrakali Police Station, Nashik & Anr... Respondents Mr. Vijaykumar Kohad with Mr. Ulhas S. Shinde, Advocates for the Applicants.

Mrs. Mahalaxmi Ganpathy, Additional Public Prosecutor for Respondent No.1-State of Maharashtra.

CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 13TH NOVEMBER 2025.

P.C. :

A copy of the charge-sheet which indicates that summons has been issued to the accused persons, is tendered in the Court and taken on record. Mr. Vijaykumar Kohad, the learned counsel for the applicants tenders a copy of the judgment in "Joseph Salvaraj A. v. State of Gujarat & Ors.", (2011) 15 SCC 449 to submit that the writ Court can still interfere in the matter. 2.

However, in view of Chapter XVII, Rule 18(4) of the Bombay High Court (Appellate Side) Rules, 1960 and the present subject jurisdiction of this Bench, the applicants are required to approach the jurisdictional Single Judge and for that purpose, we grant them permission to file fresh proceedings.

3.

Criminal Application No.803 of 2025 is disposed of with the aforesaid liberty to the applicants.

4.

The Registry shall send a copy of this order to the Court concerned requiring a response from the Principal District and Sessions Judge as to how the rubber stamp cognizance orders are being passed.

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] 1/1 Digitally signed by SNEHA ABHAY DIXIT Date:

2025.11.19 13:24:27 +0530 907-APL-803-2025.doc Dixit SNEHA ABHAY DIXIT