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2018 Supreme(Bom) 2026

Z.A.HAQ
Shyamrao Vithoba Pillare – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
R.R. Vyas, Adv., J.Y. Ghurde, Adv.

JUDGMENT :

Z.A. Haq, J.

Heard.

2. The accused is being prosecuted for the offences punishable under Sections 354B, 294, 509 and 506 of the Indian Penal Code. The prosecution is lodged against the applicant because of the incident which allegedly occurred on 25/04/2016 and was reported on 27/04/2016. The charge sheet was filed before the Chief Judicial Magistrate on 18/10/2016. On 23/11/2016, the prosecution filed an application under Section 216 of the Code of Criminal Procedure praying for addition of charge under Section 353 of the Indian Penal Code. The learned Chief Judicial Magistrate allowed this application by the order dated 03/01/2017 and accepted the prayer made on behalf of the prosecution for framing the charge under Section 353 of the Indian Penal Code against the accused. The charges came to be framed on 06/01/2017. The examination of the witness of the prosecution started on 17/01/2017. At the stage of examination of the first witness on behalf of the prosecution, the learned Chief Judicial Magistrate passed an order on 19/10/2018 and committed the case to the Sessions Court. On 01/12/2018, the accused filed an application (Exh. 10) praying that the trial be remitted to








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