Sonya @ Bhausaheb Dadaji Desale and Others Vs the State of Maharashtra and Others

The applicants are the accused in Sessions Case No.226/2012 pending before the Court of Sessions at Dhule. By this application invoking the inherent powers of this Court, the applicants pray that the proceedings pending against them vide said sessions case be quashed. The contention of the applicants is that, from the police report and accompanying documents no case for proceeding against them with respect to the alleged offence, or any offences, has been made out.

Admittedly, the Court of Sessions has not yet applied its mind to this aspect. Charge has not yet been framed. It would be open for the applicants to seek discharge from the Court of Sessions by raising the same contention that has been raised before this Court.

The invocation of inherent powers of this Court before the Court of Sessions has applied its mind to the aspect as to whether or not there are grounds for proceeding against the applicant, is uncalled for.

( ABHAY M. THIPSAY, J. )

¶16

aaa/-

Sonya @ Bhausaheb Dadaji Desale and Others v. the State of Maharashtra and Others