Dismissed¶21

Bharat Bhoir and Anr. v. Tehsildar and Executive Magistrate and Ors.

Bombay HC8 Jan 2025IA/3007/2024

Case brief

AI extract

What is this about?

Maintainability of review/interim application; refusal to quash FIR/complaint (C.R. No. I-156 of 2018, Shil Diaghar Police Station); jurisdiction under Articles 226 and 227 declined; Sections 377 and 381 IPC; charge-sheet filed 16.07.2024; discharge application as available post-charge-sheet remedy; scope of writ challenge distinct from discharge; Bombay High Court, Criminal Appellate Jurisdiction; Thane; Tehsildar and Executive Magistrate; Bharati Dangre and Manjusha Deshpande, JJ.

What did the court decide?

Considering that the charge-sheet is already filed in the matter, the remedy to move for discharge is available with the Petitioner. ¶20

Bharat Bhoir and Anr. vs Tehsildar and Executive… — Writ and Judicial Review | Bombay HC (2025)

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1 ia 3007 of 2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.3007 OF 2024 IN

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WRIT PETITION NO.4273 OF 2018

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Bharat Bhoir and Anr. .. Applicants IN THE MATTER BETWEEN : Bharat Bhoir and Anr. .. Petitioners Vs. Tehsildar and Executive Magistrate – Thane And. Ors. .. Respondents

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Mr.Raj Kumar Awasthi a/w. Pragya Mishra, Advocate for the Applicants/Petitioners.

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Mrs.Sharmila Kaushik, APP for the Respondent–State.

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PSI S.A. Sawale, Sheel Dayghar Police Station, present.

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CORAM : BHARATI DANGRE (THROUGH VC) & MANJUSHA DESHPANDE, JJ.

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DATE : 22^nd AUGUST 2025.

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P.C. :

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The Petitioner has filed the present Application seeking review of the orders passed by this Court on 2^nd July, 2024. The Writ Petition was filed by the Petitioners who are arraigned as accused in CR No.I–156 of 2018, registered with Shil Diaghar Police Station which has invoked Sections 377 and 381 of

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the Indian Penal Code on the complaint filed by one Rajan Gaikwad.

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Digitally signed by RAJESHRI RAJESHRI PRAKASH PRAKASH AHER AHER Date: 2025.09.15 19:11:35 +0530

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While refusing to entertain the Writ Petition, this Court has observed we

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Rajeshri Aher

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1 ia 3007 of 2024.doc

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are not inclined to exercise our jurisdiction under Articles 226 and 227 of the Constitution of India and has refused to quash the complaint filed against the Petitioner. It is also observed that the interim order which was granted, earlier stands vacated and the Investigating Officer was directed to file the charge– sheet within a period of two weeks from the date of the order.

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The Writ Petition was disposed of on 2^nd July, 2024, and, today the learned APP informs that the charge–sheet has been filed on 16^th July, 2024. Therefore, considering that the charge–sheet is already filed in the matter, the remedy to move for discharge is available with the Petitioner. In so far as the order under challenge in the Writ Petition and the Application for discharge is concerned scope of both the proceedings is different. Hence, the Petitioner is at liberty to take further steps.

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Interim Application is, accordingly, dismissed as not maintainable.

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[ MANJUSHA DESHPANDE, J. ] [ BHARATI DANGRE, J. ]

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2/2

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Rajeshri Aher

Bharat Bhoir and Anr. v. Tehsildar and Executive Magistrate and Ors.

Case brief

What is this about?

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Bharat Bhoir and Anr. v. Tehsildar and Executive Magistrate and Ors.

Case brief

What is this about?

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