The Bench dismissed the criminal writ petition exercising discretion under Article 226 because the trial of the underlying criminal case was on the verge of completion and the petition was raised belatedly.
Petition dismissed on the ground that the trial of the underlying case was near completion and the approach was belated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:BHC-AS:25209-DB
rdg 12-wp-2318-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2318 OF 2024
Sandip Balkrushna Dhumal & Ors. …..Petitioners Vs.
The State Of Maharashtra & Anr. …..Respondents
Mr. Narayan Rokade with Mr. Bhosale & Mr. Abhang Suryawanshi, for the Petitioners.
Mr. A. S. Shalgaonkar APP, for Respondent No.1-State.
Mr. Dhananjay Bhosale, for Respondent No.2.
CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ. DATE : 24th JUNE, 2024.
P.C.:-
present crime is practically on the verge of completion. That, recording of the evidence of prosecution witnesses is completed and the trial Court has kept the said case for recording the statements of Petitioners under Section 313 of the Code of Criminal Procedure on 28th June 2024.
2.1) Petition is accordingly dismissed.
(DR NEELA GOKHALE, J.) (A.S. GADKARI, J.)
1/1
Signed by: Raju D. Gaikwad Designation: PS To Honourable Judge Date: 28/06/2024 13:41:03
2 issues framed by the court
Whether writ jurisdiction should be exercised when trial of the underlying criminal case is on the verge of completion.
Whether a belated approach to this Court warrants the exercise of discretionary jurisdiction.
2 provisions across 2 enactments
Sandip Balkrushna Dhumal & Ors.
The State Of Maharashtra & Anr.
A. S. GADKARI
DR NEELA GOKHALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
