Arjun Shivaji Dhobi v. the State of Maharashtra and Others
Case brief
What is this about?
Bombay High Court, Aurangabad Bench; Criminal Writ Petition No.1954 of 2024; decided 15 January 2025 by Smt. Vibha Kankanwadi, J. (with Rohit W. Joshi, J.). Informant's petition for mandamus to Superintendent of Police, Jalgaon for further investigation on applications dated 15.06.2024 and 18.06.2024 in Crime No.242/2024 under Section 302 IPC, Police Station Dharangaon; charge sheet under Section 173(1) CrPC with Section 173(8) CrPC prayer already filed before JMFC Dharangaon; route open to informant is application to the Magistrate under Section 173(8) CrPC; Vinubhai Haribhai Malaviya v. State of Gujarat, AIR 2019 SC 5233 relied on; petition withdrawn and disposed of with liberty; Magistrate to decide application on merits.
What did the court decide?
Liberty to the petitioner to approach the learned Magistrate with an application under Section 173(8) of the Code of Criminal Procedure; learned Magistrate directed to consider such application, if filed, on its own merits.