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2023 Supreme(Bom) 1861

REVATI MOHITE DERE, GAURI GODSE
Amar Shamrao Kolekar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Niranjan S.Mundargi, Advocate, Raviraj Paramane, Advocate, Keral Mehta, Advocate, Raviraj R.Paramane, Advocate, K.V.Saste, Advocate, D.D.Tele, Advocate

JUDGMENT/ORDER

GAURI GODSE, J. - Rule. Rule is made returnable forthwith. rrpillai 2023:BHC-AS:26500-DB

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2. By consent of the parties, the petition is taken up for final disposal.

3. This petition is filed seeking a writ in the nature of habeas corpus directing the respondents to produce the petitioner who, according to the petitioner, is in illegal custody of respondent no. 2.

4. For considering the submissions made on behalf of the petitioner, it is necessary to note the following relevant dates : ? 21/7/2012 : CR No. 00/2012 came to be registered with the Lohmarg Police Station, Thane, for the offences punishable under Sec. 394 read with Sec. 34 of the IPC. ? 5/8/2012: FIR on transfer was re-registered as CR No. I-347/2012 with Rabale Police Station. ? 17/9/2012: Petitioner was arrested in connection with CR No. I-347/2012. ? 25/9/2012: Petitioner was released on bail pursuant to an order passed by the learned JMFC, Vashi, in connection with CR No.I- 347/2012. ? 12/12/2012: Charge-sheet was filed in connection with CR No. I-347/2012 by invoking the provisions of the MCOC Act against the petitioner and two other accused. ? 27/12/2022: The other two accused in the said CR No. I- 347/

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