RAMESHCHANDRA SHOBHNATH MISHRA vs THE STATE OF MAHARASHTRA

Judgment text excerpt

LSP 1 6 wp 4468.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 4468 of 2025 Rameshchandra Shobhnath Mishra … Petitioner V/s. The State of Maharashtra … Respondent Mr. Amin Solkar Advocate for the Petitioner. Ms. Sangeeta Phad APP for the State. Mr. Gaurav Rathod, PSI, Vartaknagar Police Station, Thane. CORAM : S.M. MODAK, J DATE : 21st August 2025. ORAL JUDGMENT : Heard learned Advocate Solkar for the Petitioner-one of the accused in Sessions Case No.142/2018. Also heard learned APP. Copy of this application is not served on the office of Public Prosecutor but when I have heard Mr. Solkar, I find that order needs to be set aside and needs to be remanded to the learned Judge for fresh consideration. Even the learned APP is also of the same view. 2. There are in all six accused who are chargesheeted by Vartak Nagar Police station in a Crime in C.R. No.336/2017. The offences are under Section 307,326,120-B r/w 34 of the IPC and under Sections 4 and 25 of the Arms Act and under Section 37(1) r/w Section 135 of the Bombay Police Act. The Final Form is on Page- LSP 2 6 wp 4468.25.odt 28. Now the chargesheeted accused are facing the trial and the prosecution has also examined certain witnesses that is recorded in Para No.4 of the impugned order. Page Nos.39 and 40 consists of names of one Akash Sahu and Anand Fadtare. They have not been chargesheeted by the police. They have been shown as not traceable. 3. Mr. Solkar has invited my attention to the Charge dated 25 th February 2025 on Page No.48. There is a reference of absconding accused Akash Sahu and Anand Fadtare. The trial Court was fully aware that these two accused were not chargesheeted. 4. In the midst of the trial this Petitioner has filed an application con