Jeevan S/O Sukhlal Jadhav And ... vs State Of Maharashtra, Thr. Pso ...
2021 Latest Caselaw 1140 Bom

                                     1                                     cr-apl-78-01.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        NAGPUR BENCH : NAGPUR.

               CRIMINAL APPLICATION (APL) NO. 78 OF 2021
                      Jeevan S/o. Sukhlal Jadhav and another
                                                Vs.
      State of Mah. through P.S.O., P.S. Pinjar, Dist. Akola and another
 ------------------------------------------------------------------------------------------------
 Office Notes, Office Memoranda of                             Court's or Judge's Order
 Coram, appearances, Court's Orders
 or directions and Registrar's order
                  Shri A. M. Tirukh, Advocate for applicants.
                  Shri S. D. Sirpurkar, A.P. P. for non-applicant/State.


                                   CORAM :-         Z. A. HAQ AND
                                                    AMIT B. BORKAR, JJ.

                                   DATED :-        18.01.2021


                                   Heard.

2. One of the contentions on behalf of the applicants-accused is that the second First Information Report bearing Crime No. 1/2021 for offence punishable under Sections 307 and 34 of the Indian Penal Code could not have been registered as the subsequent report is in respect of the earlier incident, on the basis of which the First Information Report bearing no. 214/2020 is registered.

3. Learned Advocate for the applicants relied on the judgments given in the case of Amitbhai Anilchandra Shah Vs. The Central Bureau of Investigation and another, reported in (2013) 6 SCC 348 and in the case of T. T. Antony Vs. State of Kerala and others, reported in (2001) 6 SCC 181.

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4. Issue notice to the non-applicants, returnable on 08.03.2021.

5. Shri S. D. Sirpurkar, learned A.P.P. waives service of notice for non-applicant no. 1/State.

6. By interim order, it is directed that charge- sheet in Crime No. 1/2021 shall not be filed against the applicants without seeking leave of this Court.

                         JUDGE                                   JUDGE

 RR Jaiswal