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THE STATE OF MAHARASHTRA – Appellant
Versus
DR DEELIP PRABHAKAR KHARWADKAR – Respondent


914

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

914 CRIMINAL WRIT PETITION NO.756 OF 2016

THE STATE OF MAHARASHTRA

VERSUS

DR DEELIP PRABHAKAR KHARWADKAR

...

Mr. P. K. Lakhotiya, APP for the petitioner State.

Mr. Abhishek G. Kulkarni, Advocate for the respondent

CORAM

: A.S. GADKARI, J.

DATE

: 20th January, 2022

ORDER:

1.

The State of Maharashtra, through petitioner no.2, has

questioned the correctness of Judgment and Order dated 11.09.2015

passed by learned Additional Sessions Judge, Beed in Criminal

Revision No. 37 of 2015 allowing the said revision preferred by the

respondent thereby setting aside the order dated 02.02.2015 passed

below Exh.1 in R.C.C. No.39/2013 by the learned Chief Judicial

Magistrate, Beed.

2.

Heard Mr. P. K. Lakhotiya, learned APP for the petitioner

State and Mr. Abhishek G. Kulkarni, learned counsel for the

respondent. Perused the record.

3.

Record indicates that, a surprise search was conducted at the

hospital of the respondent and on 16.12.2011 and a case was

registered under section 28 of the Pre-conception and Pre-natal

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