Dhiraj S/O Vithobaji Somkuwar And ... vs State Of Maharashtra, Thr Pso Ps ...
2021 Latest Caselaw 625 Bom

                                                              (1)                                                                905.cri.wp.700.2020

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

                                     CRIMINAL WRIT PETITION NO.700 OF 2020
                                  Dhiraj s/o Vithobaji Somkuwar and others
                                                      Vs.
                    State of Maharashtra through P.S.O. Nandanvan Police Station, Nagpur.
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Office Notes, Office Memoranda of Coram,                                                                                  Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                               Shri E. S. Sahasrabuddhe, Advocate for the petitioners.
                                               Shri S. M. Ghodeswar, APP for the respondent.


                                                                                  CORAM : SUNIL B. SHUKRE AND
                                                                                          AVINASH G. GHAROTE, JJ.

DATED : 12/01/2021

We have heard this matter and we have also

perused the FIR. Prima facie, this case does not appear

to be involving a dispute of purely private and personal

nature, so as to bring this matter within the four corners

of the law settled by the Hon'ble Apex Court through its

various judgments rendered from time to time, in

particular, the judgment delivered in the case of

Narinder Singh and others Vs. State of Punjab and

another, (2014) 6 Supreme Court Cases 466. The

offences which have been registered in the present crime

which is Crime No. 131 of 2020 dated 12.03.2020 by

Nandanvan Police are such as are punishable under

Sections 307 read with 34 of IPC, Section 25 read with

(2) 905.cri.wp.700.2020

Section 4 of Arms Act, Section 135 of Maharashtra Police

Act and Section 3 of MCOC Act. Besides, now, there is

also a Full Bench judgment of this Court delivered on

05.01.2021 in the case of Sau. Maya Sanjay Khandare

and another Vs. State of Maharashtra, Criminal

Application (APL) No.709 of 2020 which reiterates the

same principle of law as we have just stated, which

would govern the field.

However, in order to give an opportunity to

reconsider the decision to file this petition, we orally

expressed our prima facie view in the matter and there

upon, learned counsel for the petitioners submitted that

he should be granted time till Friday i.e. 15th January

2021, so that his senior would appear and argue the

matter. No such time can be granted by us and if any

more time is to be granted, it would be only for giving an

opportunity to the petitioners to reconsider their decision

to press this petition.

Stand over to 15th January 2021.

                                     JUDGE                              JUDGE
                  Sarkate