Vijendra Jagdeo Singh vs The State Of Maharashtra
2022 Latest Caselaw 11750 Bom

NISHA           Digitally signed by
                NISHA SANDEEP
SANDEEP         CHITNIS
                Date: 2022.11.19
CHITNIS         15:48:32 +0530


                                                                                 36-wp.247.2021.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL WRIT PETITION NO.247 OF 2021

                 Vijendra Jagdeo Singh                                   ...Petitioner
                      Versus
                 The State of Maharashtra                                ...Respondent

                 Mr. Ashok P. Mundargi, Senior Counsel a/w Ms. Rui Danawala
                 i/b Mr. Umesh R. Mankapure, for the Petitioner.

                 Mr. J. P. Yagnik, A.P.P for the Respondent - State.

                                                    CORAM : REVATI MOHITE DERE &
                                                            R. N. LADDHA, JJ.

                                                  DATE      : 17th NOVEMBER 2022
                P.C. :

1. Heard learned senior counsel for the petitioner.

2. Learned Senior Counsel for the petitioner submits that the

incident is dated 7th October 2015, however, the FIR was lodged

belatedly in 2018. He submits that as per his instructions, charge-sheet

has not been filed, till date. He submits that the petitioner cannot be

held liable for the incident which took place in Sangli, when the

petitioner was working in Mumbai. He further submits that the

N. S. Chitnis 1/2 36-wp.247.2021.doc

petitioner has been prosecuted under the Factories Act and has

pleaded guilty. He further submits that the petitioner has paid the

requisite fine, as directed by the learned Magistrate and hence the

petitioner cannot be prosecuted twice for the same. Learned Senior

Counsel has placed on record the said judgment and order dated 7 th

April 2016, passed by the learned Chief Judicial Magistrate, Sangli.

3. Learned APP seeks time to take instructions.

4. Stand over to 10th January 2023.

5. In the meantime, till the next date, investigation to

continue, however, charge-sheet shall not be filed, if not filed, without

the leave of this Court.

                R. N. LADDHA, J.                      REVATI MOHITE DERE, J.




N. S. Chitnis                                                                          2/2