Petitioner sought a writ to direct registration of an offence under Section 302 IPC regarding death of his son. Court dismissed petition noting prior charge-sheet filing and withdrawal of substantive petition.
Petition dismissed with no order as to costs.
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FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO.316 of 2012.
Santosh Shankarrao Warhade ..vs.. The State of Mah. through Its Secretary, and ors.
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Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders or directions & Registrar's orders.
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Ms.S.P.Kulkarni, Adv. for the petitioner. Mr.A.S.Sonare, APP for the respondents.
C ORAM: P.V.HARDAS AND
A.P.BHANGALE, JJ. DATED : 25th SEPTEMBER, 2012.
A communication addressed by the petitioner was registered as a Criminal Writ Petition. We had accordingly appointed Ms.S.P.Kulkarni, learned counsel to represent the petitioner in this petition.
The petitioner has prayed for issuance of a writ directing respondent no.1 to register an offence punishable under Section 302 of the Indian Penal Code, as his son Vinod had been killed and a show of accidental death was made by the police.
On notice being issued to the respondents, the respondents have filed their affidavit-in-reply and at paragraph no.5 of the affidavit-in-reply, it is stated that a charge-sheet has already been filed on 26/6/2012 for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code. The substantive
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petition namely Criminal Writ Petition No.392 of 2012, which had been filed by the petitioner, has already been withdrawn by the petitioner. In the light of the aforesaid facts, there is no merit in the present petition and the petition is accordingly dismissed with no order as to costs.
Fee payable to Ms.S.P.Kulkarni, the learned counsel appointed for the petitioner, is quantified at Rs.1500/-.
JUDGE JUDGE.
chute
1 issue framed by the court
Whether a writ should be issued directing the respondent to register an offence under Section 302 IPC given that a charge-sheet has already been filed.
2 provisions across 1 enactments
Santosh Shankarrao Warhade
The State of Mah. through Its Secretary, and ors.
P.V.Hardas
A.P.Bhagale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
