1021.26WP 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 32 CRIMINAL WRIT PETITION NO.1021 OF 2026 SWATI NITIN SHIRSATH VERSUS THE STATE OF MAHARASHTRA & OTHERS ... Advocate for the Petitioner : Mr.S.E.Shekade APP for Respondent-State : Mr.N.B.Patil … CORAM : SANDIPKUMAR C. MORE & VAISHALI PATIL-JADHAV,JJ. DATE : 28.09.2026 P.C. : Though the learned counsel for the petitioner vehemently argued that the main culprits, namely, Krushna Yellapa Fulmali and Bharat Yellapa Fulmali are not arrayed as accused in the present crime while submitting charge sheet but it appears that the allegations made against them by the wife of the deceased is not supported by other evidence. On the contrary, it appears that there were no other eye witnesses except wife of the deceased in respect of the incident. However, there is specific provisions in BNSS which states that if the evidence comes against the aforesaid persons during the trial, then criminal prosecution can be 2026:BHC-AUG:44672-DB 1021.26WP 2 initiated against those persons afresh. Therefore, we dispose of this Petition, with liberty to the petitioner to agitate her grievance at appropriate stage before the concerned trial Court. Accordingly, the Writ Petition is disposed of. [VAISHALI PATIL-JADHAV] [SANDIPKUMAR C.MORE] JUDGE JUDGE DDC