Smt. Malti G Yeshirao vs State Of Maharashtra And Anr
2023 Latest Caselaw 5249 Bom

2023:BHC-AS:15022



                     Gokhale                                1 of 3                              3-ia-4116-22


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO. 4116 OF 2022
                                                   IN
                                 CRIMINAL WRIT PETITION NO. 4533 OF 2018

                    Malti G. Yeshirao                                                 ..Applicant
                          Versus
                    Mahendra Rajaram Pawar & Ors.                                     ..Respondents

                                                 __________
                    Ms. Medha Jondhale a/w. Anand Jondhale a/w. Rajnandini
                    Jondhale a/w. Harshvardhan Shinde a/w. Upendra Pandey i/b.
                    Jondhale and Co. for Applicant.
                    Mr. M. G. Patil, APP for State/Respondent No.1.
                                                 __________

                                               CORAM : SARANG V. KOTWAL, J.

DATE : 7 JUNE 2023 PC :

1. This application is filed with following prayers:

"(a) It is humble prayed that it is necessary that such kind of Criminals must not escape from the clutches of law who has conspired to misled the administration of the Honorable Court in the administration of Justice third attempt/third time to dismiss case against them and it is humble prayed to take a strong suomoto action against Petitioners/Accused 1 to 5 under appropriate section of I.P.C. and direct them to pay compensation of Rs.7,00,000/- for financially and mentally since 12 years, in interest of justice.

(b) It is humble prayed to this Honorable Court to direct the Registrar of Bombay High Court to file

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an F.I.R. against petitioners 1 to 5, U/s. 340 of Cr.p.c. for committing offences under section 193, 196, 198, 199, 200, 209 of I.P.C. for presenting false evidence, knowing well and believing to be false to this Honorable Court Third time, to quash 3 Judgments to dismiss case against them in interest of justice.

(c) Any other relief which this Honorable Court may deem fit and proper in the facts and circumstances of the case in interest of justice."

2. This application is filed in the main Criminal Writ

Petition No. 4533 of 2018 which is preferred by the original

accused for quashing of the proceeding initiated by the applicant.

The applicant, in this application, at the highest can pray for

intervention in the W.P.No.4533 of 2018. The reliefs claimed in this

particular application are beyond the scope of intervention in the

main petition. Therefore, I am not inclined to grant the relief asked

for in the present form; as mentioned in the prayer clause of this

application. It is not possible to entertain this application.

3. The Application is dismissed.

4. If the Applicant has any real cause for seeking the relief

in the nature of prayers made in this application, it is open for the

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Applicant to adopt appropriate separate proceedings in accordance

with law.

5. With these observations, the Interim application is

disposed of.

(SARANG V. KOTWAL, J.)