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2026 DAILYLAW 12446 (BOM)

SANJAYKUMAR SURENDRA PEDDAPALLI v. THE STATE OF MAHARASHTRA AND OTHERS

WP/1474/2023 · 2026-09-28

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Judgment text

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1474.23WP 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 19 CRIMINAL WRIT PETITION NO.1474 OF 2023 SANJAYKUMAR SURENDRA PEDDAPALLI VERSUS THE STATE OF MAHARASHTRA & OTHERS ... Advocate for the petitioner : Mr.P.N.Kalani APP for Respondent-State : Mrs.M.N.Ghanekar … CORAM : SANDIPKUMAR C. MORE & VAISHALI PATIL-JADHAV,JJ. DATE : 28.09.2026 P.C. : 1] Heard. Though the petitioner is seeking direction to register FIR against the respondent nos.2 to 6 by adding offence under Section 307 of the Indian Penal Code in addition to existing offences in FIR No.201 of 2023, but as per the report of Resource Personnel, charge sheet is already filed in both FIR bearing Nos.201/2023 and 203/2023. But further RCC Nos. 734/2023 and 751/2023 are already registered pursuant to the aforesaid FIRs and pending before the concerned Chief Judicial Magistrate, Parbhani. 2026:BHC-AUG:44670-DB 1474.23WP 2 2] The learned counsel for the petitioner placed reliance on the judgment of the Hon’ble Apex Court in the case of Vinubhai Haribhai Malaviya and others Vs. State of Gujarat and another reported in [2019] 17 SCC 1 wherein it is observed that power to make order regarding further investigation under Section 173 (8) of the Criminal Procedure Code is still available with the concerned Magistrate even at post-cognizance stage until charge is framed. The learned counsel for the petitioner now seeks liberty to agitate grievance of the petitioner before the concerned Chief Judicial Magistrate, Parbhani as regards addition of offence under Section 307 of the Indian Penal Code by making further investigation, if required. 3] In view of the same, we dispose of this Petition, with liberty to the petitioner as aforesaid. [VAISHALI PATIL-JADHAV] [SANDIPKUMAR C.MORE] JUDGE JUDGE DDC