SHIVAJI SHITOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners are the accused in Sessions Case No.35 of 2011 pending before the Sessions court at Baramati. The said case is in respect of an offence punishable under Section 306 of the Indian Penal Code (IPC) read with Section 34 thereof. The allegations against the petitioners has found in Column No.16 of the printed proforma of the Police report is as under :

(2.) The petitioners, being aggrieved by the initiation of the criminal proceedings against them, have approached this court by the present petition, invoking the jurisdiction of this court under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure ("the Code"), and praying that the criminal proceedings pending against them vide the said criminal case, may be quashed and set aside.

(3.) I have heard Mr.Niteen Pradhan, the learned Senior advocate for the petitioners. I have heard Ms.R.M.Gadhvi, the learned APP for the State. Nobody appears for the respondent no.2. The record shows that she has been duly served with the notice of this petition, for final disposal. Under the circumstances, I am not inclined to adjourn the hearing of the petition, only because the respondent no.2 is not present.