LAWS(BOM)-2023-6-117

KAILASH Vs. STATE OF MAHARASHTRA

Decided On June 06, 2023
KAILASH Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) All these petitions are between the same parties and arising out of the same set of facts, however, after hearing the submissions, when disinclination is shown to grant any relief that has been claimed in Writ Petition No.420 of 2023, which was filed for directions, learned Senior Counsel Mr. R. S. Deshmukh instructed by learned Advocate Mr. R. C. Bora for the petitioners seeks withdrawal of the petition. Accordingly, the Writ Petition No.420 of 2023 stands disposed of as withdrawn.

(2.) As regards the other three matters are concerned, Writ Petition No.266 of 2022 has been filed by the original informant, who has lodged FIR vide Crime No.25 of 2022 on 28/1/2022 with Shirdi Police Station, Dist. Ahmednagar, praying that the investigation be handed over to another agency and certain Ss. of Indian Penal Code to be added to the said FIR. In connection with the same, Criminal Application No.879 of 2023 has been filed for permitting the petitioner - original informant to bring certain documents on record. Criminal Application No.4436 of 2022 has been filed by the original accused persons seeking quashment of the FIR under Sec. 482 of the Code of Criminal Procedure, which has been lodged by the petitioner in Writ Petition No.266 of 2022 i.e. original informant vide Crime No.25 of 2022 with Shirdi Police Station, Dist. Ahmednagar for the offences punishable under Ss. 454, 380, 427 read with Sec. 34 of Indian Penal Code.

(3.) Heard learned Advocate Mr. V. D. Sapkal, Senior Counsel instructed by learned Advocate Mr. Yuvraj S. Choudhari, Advocate for petitioners in Criminal Writ Petition No.266 of 2022 and for applicants in Criminal Application No.879 of 2023, learned Advocate Mr. R. S. Deshmukh, Senior Counsel instructed by learned Advocate Mr. R. C. Bora, Advocate for petitioners in Criminal Writ Petition No.420 of 2023 and for applicants in Criminal Application No.4436 of 2022, learned Advocate Mr. Ashok A. Mundhe, Advocate for respondent Nos.9 and 10 in Criminal Writ Petition No.266 of 2022 and learned APP Mr. R. D. Sanap for respondents - State in all the matters.