BABAN S/O. SHRIPATI GAIKWAD AND OTHERS Vs. STATE OF MAHARASHTRA AND ANOTHER
LAWS(BOM)-2017-5-75
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on May 03,2017

Baban S/O. Shripati Gaikwad And Others Appellant
VERSUS
STATE OF MAHARASHTRA AND ANOTHER Respondents

JUDGEMENT

S.S.SHINDE,J. - (1.) Heard the learned counsel appearing for the petitioners and the learned A.P.P. appearing for the respondent/State.
(2.) The learned counsel appearing for the petitioners submits that, the petitioners may be allowed to amend the Petition in view of filing charge-sheet by the Investigating Officer on 16th November, 2016. It appears that, Writ Petition was filed on 7th April, 2016. Thereafter, this Court issued notices to the respondents on 26th April, 2016. There was no impediment for Investigating Officer to proceed with the investigation and even for filing the charge-sheet. Accordingly, the charge-sheet is filed in the month of November, 2016. The petitioners did not take immediate steps to amend the Petition and kept the Petition pending for considerable time and after six months, the prayer is made to allow the petitioners to amend the Petition.
(3.) When Writ Petition is pending and the charge-sheet is filed in the month of November, 2016, without seeking leave of this Court, the petitioners have attempted to file the application and take additional documents on record. Keeping in view the pendency of Writ Petition and the fact that, the charge-sheet is filed way back in the month of November, 2016, it is not desirable to entertain application for amendment of the Writ Petition. As already observed, the charge-sheet is filed in the month of November, 2016 and this Court is not made aware about the further development, which has taken place before the trial Court. Be that as it may, we are not inclined to allow the application, hence the Criminal Application No. 2059 of 2017 stands disposed of.;


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