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2023 Supreme(Bom) 50

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Shivaji S/o Rajaram Take – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mrs. Pooja V. Langhe
For the Respondent:Mr.M.M. Nerlikar, Mr.N.N. Bhagwat Advocate h/f. Mr. C.K. Shide Advocate

JUDGMENT :

VIBHA KANKANWADI, J.

Rule. Rule made returnable forthwith. Heard learned counsel for the parties finally, by consent.

Present petitioners are the original accused persons who are challenging the Notification dated 30th September 2021 issued by respondent No.1 appointing respondent No.2 as a Special Public Prosecutor to conduct the Sessions Case bearing No.12 of 2020 before the learned Additional Sessions Judge, Newasa, District-Ahmednagar, which is filed against the petitioners. The petitioners are also challenging the order passed on 11th February 2022 below Exhibit-101 passed by the learned Additional Sessions Judge-2, Newasa in the said Sessions Case wherein they had taken objection for the appointment of respondent No.2.

2. The factual matrix leading to the petition, are that informant Ravindra Shankar Gosavi has filed the First Information Report vide Crime No.652 of 2019 with Newasa Police Station alleging that in all four accused persons have committed the offence of murder of Advocate Sambhaji Rajaram Take and Santosh Sundar Ghune by means of various weapons and also caused grievous injuries to other two persons. The said offence came to be registered under Sections

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