Yunus Razzaq Shaikh vs The State Of Maharashtra And ...
2023 Latest Caselaw 4425 Bom

                                                                           940.Crl.WP.498.22.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                      CRIMINAL WRIT PETITION NO.498 OF 2022

                             YUNUS RAZZAQ SHAIKH
                                    VERSUS
                     THE STATE OF MAHARASHTRA AND OTHERS

                                            ...
                      Advocate for Petitioner : Mr. Saeed S. Shaikh
                        APP for Respondents: Mr. R.V. Dasalkar
                                            ...

                                    CORAM     :   MANGESH S. PATIL &
                                                  ABHAY S. WAGHWASE, JJ.

                                    DATE      :   28.04.2023
PER COURT :

                 Heard both the sides for a while.        The learned APP tenders

across the bar a copy of the judgment and order in Session Case No.27/2022

passed by the learned Ad-hoc District Judge - 1 and Additional Sessions

Judge, Sangamner dated 16.12.2022 in a matter arising from Crime

No.69/2021 registered for the offence punishable under Section 498A, 306,

323, 504, 506 read with Section 34 of the Indian Penal Code.

2. The FIR was filed by the present petitioner on the basis of which

the offence was registered. By way of this petition the original informant is

complaining about some inaction on the part of the police machinery in

investigating the case by not including the offence of murder which

according to the petitioner was quite evident.

3. The judgment in the Sessions Case No.27/2022 ex facie shows

that the petitioner, his wife and his son have been examined as prosecution

940.Crl.WP.498.22.odt

witness No.1 to prosecution witness No.3 and after a full fledged trial it has

ended in acquittal. If this be so, we cannot entertain the writ petition in

view of such peculiar supervening events and exercise the power either

under Section 482 or Article 226 and 227 of the Constitution of India to

direct any investigation.

4. The writ petition is disposed of with liberty to the petitioner to

avail of the appropriate remedy as is available to him in law.

(ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.)

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