Disposed

Suman Sambhaji Shinde and Ors. v. the State of Maharashtra and Ors.

Bombay HC5 Jun 2007WP/563/2007

Case brief

AI extract

What is this about?

This court disposed of a criminal writ petition concerning the non-registration of an offence by police. The court noted the filing of a charge-sheet against accused and initiated chapter proceedings against petitioners, holding the petition worked itself out without expressing opinion on merits.

What did the court decide?

The petition is disposed of allowing petitioners to adopt appropriate proceedings for alteration of charge or challenge chapter proceedings.

Suman Sambhaji Shinde and Ors. Vs the State of… — Civil Procedure and Limitation | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL WRIT PETITION NO.563 OF 2007

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 Suman Sambhaji Shinde & Ors. .. Petitioners.
 Vs.

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 State of Maharashtra & Ors. .. Respondents.

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 Mr.M.V.Holamagi for the petitioners.
 Mrs.U.V.Kejariwal APP for the respondents.

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CORAM : SMT.RANJANA DESAI &
D.B.BHOSALE, JJ.
DATED : 5TH JUNE, 2007.

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P.C.:

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 . Heard learned counsel for the petitioners and

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 learned A.P.P. for the respondent-State.

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 2. The basic grievance of the petitioner is that

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 no offence is registered by the police pursuant to
 their complaint. We have heard Mr.Holmagi, learned
 counsel appearing for the petitioners at great
 length. We have also heard learned A.P.P. The
 learned A.P.P. on instructions from S.D.Adhari, Head
 Constable, Wadgaon Mawal police station states that
 the offence is committed on 24.12.2006. The letter
 sent by the petitioners was received by Wadgaon Mawal
 police station on 22.2.2007. The police registered
 offence on 28.2.2007 under sections 324, 326, 504,
 506 read with section 34 against four accused. The
 accused were arrested and they were subsequently
 released on bail. The charge-sheet has been filed in

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 the court on 27.3.2007 being C.C.No.82 of 2007. The
 learned A.P.P. on instructions further stated that
 in respect of cross complaint filed by the
 petitioners, N.C. has been registered by Wadgaon
 police station on 28.12.2006. Chapter proceedings
 have also been initiated against the petitioners and
 others. The learned A.P.P. states that this
 complaint is filed by the accused - Suman Shinde.
 The learned A.P.P. states that Chapter proceedings
 are also initiated against Dadu Bhalerao and six
 others. In view of this statement which we have
 recorded, we are of the opinion that the present
 petition has worked itself out. Since the
 charge-sheet is filed the petitioners will be at
 liberty to adopt any appropriate proceedings as they
 may be advised for alteration of charge. The
 petitioners will also be at liberty to challenge
 Chapter proceedings initiated against them if they
 are so advised. We make it clear that we have not
 expressed any opinion on the merits of the case. The
 petition is disposed of in the aforestated terms.

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 (SMT.RANJANA DESAI, J.)

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 (D.B.BHOSALE, J.)

Suman Sambhaji Shinde and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Suman Sambhaji Shinde and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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