ANKIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Considering the controversy involved in the matter and by consent of the learned Counsel appearing for the parties, Criminal Writ Petition is taken up for final disposal at the stage of admission by issuing Rule, making the same returnable forthwith.

(2.) The petitioner is an accused in First Information Report bearing Crime No.399/2019 registered with Ram Nagar Police Station, District Gondia for the offence punishable under Ss. 302, 201, 364 -A and 120 -B of the Indian Penal Code. He has filed this petition under Articles 226 and 227 of the Constitution of India, read with Sec. 482 of the Code of Criminal Procedure, seeking various reliefs in the nature of issuance of a writ of prohibition, directing trial Court, not to proceed with the concerned criminal case namely Sessions Trial No.71/2020. The petitioner also seeks writ of mandamus thereby directing the respondent police authorities to reinvestigate the offence, and also prayed for his release on bail.

(3.) Police Sub-inspector - Amol Sonwane lodged a report on 17/12/2019, on the basis of which the aforesaid crime has been registered. The prosecution case in brief is that, a missing report has been filed with the concerned police reporting that a young boy aged 20 years namely Saurabh Katare, went missing from his house. On 15/12/2019 around 2 p.m., Saurabh received a phone call on which he left the house by riding a two wheeler. Saurabh did not return till the late evening. The family members have searched for Saurabh, however, they could not find him, therefore uncle of Saurabh namely Komal Katare, has filed a missing report, which was registered vide No.42/2019.