Composite petitions challenging FIR, charge-sheet, and cognizance should be heard by a Division Bench under the Bombay High Court Appellate Side Rules, ensuring uniformity and avoiding jurisdictional conflict.

ORDER :

(PER : Smt. Vibha Kankanwadi, J.)

1. The present criminal application filed under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C”). In the year 2019, it was initially filed seeking following reliefs :-

(b) That this Hon'ble Court may kindly be pleased to 'quash' and 'set-aside the Sessions Case No. 11/2019 & charge-sheet no. I-151/2017 filed on 13.03.2018, pending on the file of the Learned Additional Sessions Judge, Newasa, at Newasa, Dist.: Ahmednagar for offence punishable under Section 307, 120-B, 201, 341, 504, 506 of the IPC and Section 3/25 of the Arms Act & Section 37(1)(3) / 135 of the Bombay Police Act & F.I.R. registered vide C.R. No. I-15/2017 dated 06.02.2017 for offence punishable under Section 143, 149, 504, 506, 341 of the IPC and Section 37(1)(3)/135 of the Bombay Police Act, qua the Applicants.

(c) That this Hon'ble Court may kindly be pleased to 'quash' and 'set-aside the Sessions Case No. 11/2019 & charge-sheet no. I-151/2017 filed on 13.03.2018, pending on the file of the Learned Additional Sessions Judge, Newasa, at Newasa, Dist.: Ahmednagar for offence punishable under Section 307, 120-B, 201, 341, 504, 506 of the IPC and Section 3/25 of the Arms Act & Section 37(1)(3)/135 of the Bombay Police Act against the Applicants.

During the pendency of the application for admission, learned APP inform the Court that on 22.09.2025, cognizance has been taken by learned trial Court, post filing of charge-sheet. Therefore, in view of the recent judgment of the Hon’ble Supreme Court in the case of Pradnya Pranjal Kulkarni vs. State of Maharashtra and another, [Petition(s) for Special Leave to Appeal (Cri.) No.13424 of 2025] dated 03.09.2025, the Advocate for the petitioner sought leave to amend the petition and challenge the order of cognizance. He further submitted that the co-equal Bench at Principal Seat of this Court in case of Zain Shroff vs. State of Maharashtra and another in Criminal Writ Petition No. 3901/2021 dated 11.09.2025, wherein by taking into consideration the decision in Pradnya kulkarni (supra) and also the Appellate Side Rules of this Court, have passed an order directing similar type of matters to be placed before the Single Bench of this Court. He further argued that taking into consideration Paragraph No. 9 of the decision in Pradnya Kulkarni’s case (supra), the matter will pertain to Division Bench of this Court. Upon hearing the submission of the petitioner’s Advocate and also after perusing the order of the Co-ordinate Bench at Principal Seat dated 11.09.2025 mentioned above, we passed following order and place the matter for arguments on 25.09.2025. :-

Learned APP informs that cognizance of the matter has been taken by the trial Court.

2. In view of Pradnya Pranjal Kulkarni vs. The State of Maharashtra and another in Petition(s) for Special Leave to Appeal (Cri.) No.13424 of 2025 decided by the Hon'ble Supreme Court on 03.09.2025 learned Advocate for applicants seeks leave to amend. However, he expresses that taking into consideration the decision in Pradnya Kulkarni (supra) the matter will not lie before the Single Bench of this Court and this submission has come from him by taking note of the order of co-equal Bench at Principal Seat in Zain Shroff vs. The State of Maharashtra and another in Criminal Writ Petition No.3901 of 2021 dated 11.09.2025, wherein taking into consideration the decision in Pradnya Kulkarni (supra), the Appellate Side rules of this Court, it has bee