Pratap Sadanand Chipkar And Ors vs The State Of Maharashtra
2022 Latest Caselaw 1162 Bom

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SHAGUFTA Q PATHAN                                                          20-REVN-63-2022.doc
Q PATHAN Date:
         2022.02.01
         17:23:44
         +0530
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                            CRIMINAL REVISION APPLICATION NO. 63 OF 2022

                  Pratap Sadanand Chipkar & Ors.                     ...Applicants
                       Versus
                  The State of Maharashtra                           ...Respondent

                  Mr. Rakesh Patil for the Applicants

                  Ms. P. P. Shinde, AP.P for the Respondent-State


                                            CORAM : REVATI MOHITE DERE, J.

(THROUGH VIDEO-CONFERENCING) TUESDAY, 1st FEBRUARY 2022

P.C. :

1 Heard learned counsel for the applicants.

2 By this revision, the applicants seek quashing and setting-aside

of the judgment and order dated 16 th January 2021 passed by the learned

Sessions Judge, Sindhudurg, Oros in Sessions Case No. 43/2020 by which

the learned Judge was pleased to reject the applicant's application (Exhibit

22), seeking discharge from the said case i.e. Sessions Case No. 43/2020.

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            3           Learned counsel for the applicants submits that taking the

prosecution case as it stands, no offence as alleged is disclosed qua the

applicants. Learned counsel relied on the statement of the complainant-

Chetan Gosavi, the Cadastral Survey Officer.

4 Learned counsel submits that taking the statement of the

Cadastral Survey Officer as it stands, no offence as alleged under Section

353 is disclosed qua the applicants. He submits that this is the only section

applied in the present case. He submits that a perusal of the said statement

of Chetan Gosavi shows that there was neither any assault nor any criminal

force was used by the applicants, thereby deterring the complainant from

discharging his duty.

5 Issue notice to the respondent. Learned A.P.P waives notice on

behalf of the sole respondent-State. She seeks time.

            6           Stand over to 23rd February 2022.




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            7           In the meantime, till the next date, the proceeding i.e. Sessions

            Case No. 43/2021 is stayed.



                                                  REVATI MOHITE DERE, J.




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