KSG 28-Wp-1837-2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1837 OF 2017 Mohamed Ashfaq Chawniwala … Petitioner V/s. The State of Maharashtra & Anr … Respondents _______________________________________ Mr. Siddharth Wakonkar for Petitioner. Mr. Ashish I. Satpute, A.P.P. for Respondent No.1-State. Ms. Hemlata Vaje, P.S.I. attached to Charkop Police Station, Mumbai. _______________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 10th September 2026 P.C. : 1) By this Petition under Article 226 of the Constitution of India, the Petitioner is seeking a direction to implead Respondent No.2 as an accused alongwith the Petitioner in CR No.253 of 2016, dated 18th August, 2016, registered with Charkop Police Station, Mumbai. 2) Perusal of record indicates that, it is the defense of the Petitioner that, he himself is not responsible for commission of the said crime, but the Respondent No.2 is also responsible for it. 3) The Petitioner will be at liberty to adopt appropriate defense in the trial of the said case before the learned trial Court, at the stage of 1/2 KSG 28-Wp-1837-2017.doc recording the statement under Section 313 of the Cr.P.C.. The learned Magistrate may thereafter consider to invoke the provisions of Section 319 of Cr.P.C., if the evidence on record so prompts to do it. 4) Petition is disposed off in the aforesaid terms. ( KAMAL KHATA, J. ) ( A.S. GADKARI, J. ) 2/2 KIRAN SANJAY GHUGE Digitally signed by KIRAN SANJAY GHUGE Date: 2026.09.22 10:48:46 +0530