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2025 DAILYLAW 17568 (BOM)

NIVRUTTI YASHWANT SALVE v. THE STATE OF MAHARASHTRA AND ANOTHER

WP/678/2021 · 2025-10-07

Shri N B Suryawanshi, Smt Vaishali Patil Jadhav

body2025

Judgment text

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932 cr wp 678 2021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 678 OF 2021 Nivrutti Yashwant Salve VERSUS The State Of Maharashtra And Another … • Adv. Menezes Joslyn A., Advocate for the Petitioner • Mr. S. R. Yadav Lonikar, APP for Respondent/s – State • Mr. A. S. Usmanpurkar, Advocate for Respondent No. 7 … WITH CRIMINAL APPLICATION NO. 1584 OF 2021 IN WP/678/2021 … CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL–JADHAV, JJ. DATE : OCTOBER 07, 2025 P E R C O U R T : 1. By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks direction to the respondent authorities to register an offence against the accused persons, as per report dated 31.01.2020 prepared by the then Additional Superintendent of Police, Jintur Division, Dist. Parbhani, and further seeks directions to the authorities to reinvestigate Crime No. 01/2016 registered with Police Station, Jintur, for offences punishable under Section 279, 337 and 338 of Indian Penal Code (for short “IPC”). komal kamble 1/2 2025:BHC-AUG:28911-DB 932 cr wp 678 2021 2. Heard learned advocate for the petitioner, learned APP for State and learned advocates for the respondents. After going through affidavit-in-reply filed by respondent no. 4 - Superintendent of Police, we are of the view that, in light of the statements made by respondent no. 4 in the affidavit-in-reply, a departmental enquiry was conducted against the erring police constables on the basis of allegations made by the petitioner, and punishment of stopping their three increments is imposed on them. 3. It is further stated that if the petitioner goes and lodges the First Information Report (for short “FIR”) against the erring police officers as well as the other persons, if any, they are ready to register the FIR. 4. In view thereof, we dispose of this criminal writ petition by granting liberty to the petitioner to approach respondent no. 4 for lodging FIR. [VAISHALI PATIL–JADHAV, J.] [NITIN B. SURYAWANSHI, J.] komal kamble 2/2