Bombay High Court
Gajendra Vilas Hire vs State Of Maharashtra And Anr on 7 May, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
Digitally signed
by RUPALI
904. WPST-8247-2024.doc
RAJESH
RUPALI WAKODIKAR
RAJESH Date:
WAKODIKAR 2024.05.09
15:21:37
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (ST) NO. 8247 OF 2024
Gajendra Vilas Hire ...Petitioner
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Aabad Ponda, Senior Advocate i/b Mr. Bharat Manghani & Ms.
Drushti Gala, for the Petitioner.
Ms. Rutuja Ambekar, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE &
MANJUSHA DESHPANDE, JJ.
DATE : 7th MAY, 2024
P.C. :
1. Heard learned Senior Counsel for the petitioner.
2. By this petition, the petitioner seeks quashing of the FIR
bearing C.R.No. 300 of 2021, registered with the Naupada Police
Station, Thane City and consequently, filing of the supplementary
chargesheet against him.
904. WPST-8247-2024.doc
3. Learned Senior Counsel for the petitioner submits that
when the first chargesheet was filed on 25 th January, 2023, the
petitioner was shown as a witness. Learned Counsel relied on the list
of witnesses which is on page 39 of the petition (in the chargesheet),
wherein the name of the petitioner finds place as a witness. He
submits that in the first chargesheet, the evidence was that of a
conversation between the party, in which, the petitioner was present.
He submits that subsequently, based on the very same conversation,
the Police have arraigned the petitioner as an accused after five
months and filed a supplementary chargesheet qua the petitioner on
12th June, 2023. He submits that in the supplementary chargesheet
filed, apart from the earlier material which was present in the first
chargesheet, no new material had come on record qua the petitioner,
so as to arraign him as an accused.
4. Mr. Ponda, learned Senior Counsel relied on the judgment
of the Apex Court in the case of Mariam Fasihuddin & Anr Vs. State
904. WPST-8247-2024.doc
by Adugodi Police Station and Anr. 1, in particular, on paras 38 and 39
of the said judgment. He submits that no new material was available
against the petitioner so as to arraign the petitioner as an accused in
the supplementary chargesheet, more particularly, when the petitioner
was shown as a witness in the first chargesheet.
5. Issue notice to the respondents. Learned APP waives
notice on behalf of both the respondents and seeks time to take
instructions.
6. On her request, stand over to 21st June, 2024.
7. In the meantime, till the next date, the trial Court shall not
frame charge qua the petitioner.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
1 2024 SCC Online SC 58.
