PRADEEP BHIMRAO BHOSALE AND ORS. vs THE STATE OF MAHARASHTRA AND ANR.

Judgment text excerpt

903-WP-2231-2005.doc Arjun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2231 OF 2005 Digitally signed by ARJUN ARJUN VITTHAL KUDHEKAR Pradeep Bhimrao Bhosale & Ors. …Petitioners VITTHAL KUDHEKAR Date: 2025.09.06 17:19:43 Versus +0530 The State of Maharashtra & Anr. …Respondents _______________________________________________________________ Mr. Sudatta J. Patil a/w Vikram Singh Parmar, Prajay Kutkar & Virendra Deshmukh, for the Petitioners. Ms. P. P. Bhosale, APP, for Respondent No.1-State. Mr. Nikhilesh Pote a/w Tanmay T. Jadhav & Amey S. Ajgaonkar & Manan Talati, for Respondent No.2. Mr. Niranjan Mundargi, Amicus Curiae. Mr. Vaibhav V. Ugle, Amicus Curiae. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 01 AUGUST 2025 JUDGMENT: 1. Heard Mr. Mundargi, learned Amicus Curiae, Mr. Vaibhav Ugle, learned Amicus Curiae, Mr. Sudatta Patil, learned Counsel appearing for the Petitioners, Ms. P. P. Bhosale, learned APP for the State and Mr. Nikhilesh Pote, learned Counsel appearing for the Respondent No.2. I. CHALLENGE: 2. By the present Writ Petition filed under Article 227 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”) the challenge is to the legality and validity of 1 903-WP-2231-2005.doc the Order dated 12th July 2005 passed by the learned Additional Sessions Judge, Sangli in Criminal Revision Application No.164 of 2004 (“impugned Order”). 3. By the impugned Order dated 12th July 2005 the learned Additional Sessions Judge, Sangli dismissed the said Criminal Revision Application No.164 of 2004. In the said Criminal Revision Application No.164 of 2004, challenge was to the legality and validity of the Order dated 28th September 2