LAWS(BOM)-2024-8-148

SAMEER MOHD. HUSSAIN SHAIKH Vs. STATE OF MAHARASHTRA

Decided On August 01, 2024
Sameer Mohd. Hussain Shaikh Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The present Writ Petition filed in the year 2016, by one Sameer Mohd. Hussain Shaikh and three others seek quashing of C.R. No.432 of 2016, registered on 1/7/2016, thereby invoking Ss. 323, 324, 504, 506 read with Sec. 34 of the Indian Penal Code ("IPC"). Pertinent to note that on the very first date of hearing of the Writ Petition i.e. on 10/10/2016, by way of ad- interim relief it was directed that though the investigation may continue but the charge-sheet shall not be filed.

(2.) By an Interim Application filed seeking restoration of the said Petition, we restored the Writ Petition and heard the learned counsel Ms. Jaiswal, appearing for the Petitioner and the learned A.P.P. Mr. Nakhwa for the State.

(3.) Another development during the pendency of the Writ Petition, is also placed before us by Ms. Jaiswal, being a Judgment delivered by the Metropolitan Magistrate on 28/3/2023, thereby convicting one Suleman Sharik and Ejajuddin Gayajuddin Shaikh in C.R. No. 383 of 2016, which was filed by Sameer Mohammad Hussain Shaikh, the Petitioner No.1 before us.