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2014 Supreme(Bom) 2107

ABHAY M.THIPSAY
Sanjay Kumar K. Shinde – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. LAKSHYAVED R. ODHEKAR, Adv. for the Petitioner.
Mr. DEEPAK THAKRE, APP for the Respondent State.

JUDGMENT :-

Rule. By consent, Rule made returnable forthwith.

2. By consent, heard finally forthwith.

3. The petitioner is one of the accused - Accused no.3 in Sessions Case No.4 7 of 2012, pending before the Court of Sessions at Nashik. There are totally five accused in the said case, including the applicant. The allegation against the applicant, and the other accused is that they have committed an offence punishable under section 306 of the IPC read with section 34 of the IPC. The petitioner and the other accused had applied for discharge, as contemplated under section 227 of the Code of Criminal Procedure (for short 'the Code'), but the discharge application was rejected by the learned Addl. Sessions Judge before whom the trial of the case is pending. Being aggrieved thereby, the petitioner has approached this Court invoking its constitutional jurisdiction and inherent powers. According to the petitioner, there is no case at al1 for proceeding against him, and that the proceedings against him, therefore, deserve to be quashed.

4. I have heard the learned counsel for the petitioner. I have heard the learned APP. With their assistance, I have gone through the petition, and the annexu

















































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