2025:BHC-AUG:26199-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 1028 OF 2024

Khyyum s/o Khadir Patwari

Age: 48 years, Occu: business,

R/o:Talni, Tq. Ausa, Dist. Latur. -------Applicant

VERSUS

1. The State of Maharashtra, Through Police Station, Killari,

Tq. Ausa, Dist. Latur.

2. Govind s/o Kiran Babalsure Age: 38 years, Occu: Agriculture,

R/o: Killari, Tq. Ausa, Dist. Latur ------ Respondents

Mr. I. D. Maniyar, Advocate for Applicant

Mr. G. A. Kulkarni, APP for Respondent No.1-State

CORAM :Smt. Vibha Kankanwadi &

Hiten S. Venegavkar, JJ.

DATE : 12^th September, 2025

JUDGMENT (PER : Hiten S. Venegavkar, J) :- 1. Rule. Rule made returnable forthwith.

2. With the consent of parties, application is taken up for final

hearing and disposal at the admission stage itself.

3. Before we proceed to decide the present criminal application filed under Section 482 of Criminal Procedure Code (for short "Cr.P.C") on the basis of its factual matrix, arguments of the respective lawyers and legal pronouncements of the Hon'ble Apex Court, we must mention that the present application invites the Constitutional Court once again to answer the recurring question that falls in the m