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2025 DAILYLAW 75691 (BOM)

SHAH ALAM KHAN v. THE STATE OF MAHARASHTRA AND ANR.

WP/2618/2018 · 2025-11-04

Shri Shyam C Chandak, Smt Bharati Dangre

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Judgment text

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hcs 1/2 25.w2618.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2618 OF 2018 Shah Alam Khan … Petitioner V/s. The State of Maharashtra & Anr. … Respondents Mr. S. P. Srivastava for the Petitioner. Mr. Tanveer Khan APP for the Respondent-State. CORAM : BHARATI DANGRE & SHYAM C. CHANDAK, JJ. DATE : 4th NOVEMBER, 2025 P.C:- 1) The Petition filed in the year 2018 sought direction to Respondent Nos.1 and 2 to take action against the real culprits and also include the name of certain persons as accused. Apart from this, the Petition also prayed for inclusion of Section 307 in the subject FIR i.e. FIR No. I-113 of 2017 dated 19/06/2017 registered with Shil Dayghar police station, District Thane. 2) We have heard learned Counsel for the Petitioner as well as learned APP for the Respondent-State. We are informed by the learned A.P.P. that on completion of investigation of the subject C.R., charge-sheet has been filed by invoking Section 323 and 324 of the I.P.C. and we have also had an opportunity HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2025.11.07 17:33:49 +0300 hcs 2/2 25.w2618.18.doc looking at the medical certificate issued by the Casualty department in form of M.L.C and we are satisfied that the accusations against accused are properly framed under Section 323 and 324 of the I.P.C. instead of Section 307 of the I.P.C. 3. In any case, since now the charge-sheet is filed and the matter is pending for trial, we are not inclined to show any indulgence and dismiss the Writ Petition. (SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.)