PANKAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

(3.) This application moved under Sec. 482 of the Code of Criminal Procedure (Cr.P.C.) by the applicants for quashing and setting aside the charge-sheet no. 114/2017 registered as Sessions Trial No. 363/2017 pending before Court of Additional Sessions Judge, Nagpur which is a Special Court for differently abled persons, senior citizens and marginalised Sec. of society, has a backdrop of certain facts which raise a question - whether it is permissible for the accused like the applicants to invoke inherent power of High Court under Sec. 482 of the Cr.P.C. after their application seeking discharge under Sec. 227 of the Cr.P.C. is rejected ? The background facts would have to be considered first, in our endevour to answer the question. The facts of the case, insofar as they are necessary for the purpose of this application, are stated in ensuing paragraphs along with our observations and findings.