Pandurang S/O Narayan Garud vs The State Of Maharashtra And Anr
2022 Latest Caselaw 12159 Bom

NISHA      Digitally signed by NISHA
           SANDEEP CHITNIS
SANDEEP    Date: 2022.11.28
CHITNIS    17:49:31 +0530



                                                                 154-wpst.17322.2022a.wpst.17324.2022.doc


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL WRIT PETITION (ST) NO.17322 OF 2022

                       Pandurang S/o Narayan Garud and Anr.                   ...Petitioners
                            Versus
                       The State of Maharashtra and Anr.                      ...Respondents

                                                         WITH
                                       CRIMINAL WRIT PETITION (ST) NO.17324 OF 2022

                       Pandurang S/o Narayan Garud                            ...Petitioner
                            Versus
                       The State of Maharashtra and Anr.                      ...Respondents

                       Mr. K. N. Shermale, for the Petitioners.

                       Ms. P. P. Shinde, A.P.P for the Respondent No.1- State.

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

                                                       DATE     : 25th NOVEMBER 2022
                       P.C. :

                                           Mentioned out of turn at 4:20 p.m.

1. Criminal Writ Petition (Stamp) No.17324 of 2022 is not

on board. It is taken on board and heard alongwith Criminal Writ

Petition (Stamp) No.17322 of 2022, which is at serial No.154, on

today's board.

N. S. Chitnis 1/3 154-wpst.17322.2022a.wpst.17324.2022.doc

2. Learned counsel for the petitioners submits that 2 FIRs

have been lodged as against the petitioners on the very same day i.e.

26th August 2021 under Sections 379 r/w 34 of the Indian Penal Code;

Section 3 of Prevention of Damage to Public Property Act; Sections 9

and 15 of the Environment Protection Act and Sections 3, 21(4) of the

Mines and Minerals Act. He submits that with respect to one incident,

there cannot be 2 FIR and as such seeks quashing of the 2 nd FIR.

With respect to the 1 st FIR i.e. C.R. No.637 of 2021, he submits

that even on merits, the said FIR ought to be quashed and set aside.

He submits that based on the said 2 FIRs, the police had initiated

proceeding under the MPDA Act, as against the petitioners and that

the said Detention Order issued under the MPDA Act was quashed and

set aside by this Court vide Judgment and Order dated 12 th August

2022.

3. Learned APP seeks time to take instructions.

4. Stand over to 18th January 2023.

N. S. Chitnis 2/3 154-wpst.17322.2022a.wpst.17324.2022.doc

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

continue in both the C.Rs, however, charge-sheet shall not be filed,

without the leave of this Court.

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




N. S. Chitnis                                                                           3/3