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2021 Supreme(Bom) 241

VIBHA KANKANWADI
Mohhammad Arshad Sajid Ali – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A.K. Bhosale.
For the Respondent: Ms. V.S. Choudhary.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Rule. Rule made returnable forthwith. Heard finally, with consent of both the parties.

2. Present writ petitions have been preferred by original accused Nos.7, 8 and 9 in Sessions Case No. 209 of 2020 challenging the order of rejection of their applications for discharge under Section 227 of the Code of Criminal Procedure below Exhibit-11 and 16 respectively by learned Additional Sessions Judge, Aurangabad on 15.12.2020. The petitioners have invoked the constitutional powers of this Court under Article 227 of the Constitution of India and inherent powers under Section 482 of the Code of Criminal Procedure to challenge those impugned orders.

3. Heard learned Advocate Mr. A.K. Bhosale for petitioners in both the writ petitions and learned APP Ms. V.S. Choudhary for the respondent-State.

4. It has been vehemently submitted on behalf of the petitioners that the investigation is over and charge-sheet has been filed. Accused Nos.7 to 9 came to be arrested on 08.12.2019. The FIR was lodged by Madhukar Sawant, Police Inspector of Crime Branch, Aurangabad for the offences punishable under Section 370(a)(2) of Indian Penal Code, Section 3, 4, 5 and 6 of the The

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