Rejection of criminal writ petition seeking quashing of order refusing to discharge petitioner in homicide case. Court noted filing of charge sheet after police investigation.
Application for quashing of order refusing discharge dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.482 OF 2009
Laxman s/o Pundlik Suvarnkar ... Petitioner.
Versus
The State of Maharashtra
& Others.
... Respondents.
Shri. Santosh B. Gastgar, Advocate for the
petitioner.
Shri. B.J. Sonwane, Additional Public Prosecutor,
for respondents 1 to 4.
CORAM: NARESH H PATIL &
SHRIHARI P DAVARE,JJ.
DATE: 23rd SEPTEMBER 2009
PER COURT :
1)Heard.
2)The learned Additional Public Prosecutor
on written instructions received by Fax from the
Police Inspector, Deoni Police Station dated
22-9-2009 submitted that in Crime No.56/2008 of
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Deoni Police Station, charge sheet is filed on
20-9-2009 for offence punishable under sections
302, 323,147,148,149 of the Indian Penal Code and
section 135 of the Bombay Police Act against five
accused persons.
3)We enquired from the learned Additional
Public Prosecutor regarding delay in filing
charge sheet to which, on instructions, the
learned APP submits that the police were
investigating the offence and were having some
doubts about role of the petitioner also. But
after making though inquiry and investigation the
police ultimately decided to file charge sheet
against the accused persons. The APP further
submitted that under the orders of this Court the
Superintendent of Police has also taken prompt
steps.
petition on the statement made by the learned
Additional Public Prosecutor. The order be
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communicated to the Superintendent of Police.
Authenticated copy be given to the Additional
Public Prosecutor.
(SHRIHARI P. DAVARE, J.) (NARESH H PATIL, J.)
rsl/ crwp.482.2009
1 issue framed by the court
Whether the delay in filing charge sheet against the petitioner warrants quashing of impugned order.
2 provisions across 2 enactments
Laxman s/o Pundlik Suvarnkar
The State of Maharashtra
NARESH H PATIL
SHRIHARI P DAVARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court