YOGESH ALIAS SACHIN JAGDISH JOSHI Vs. STATE OF MAHARASHTRA
LAWS(SC)-2008-4-164
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on April 28,2008

Yogesh @ Sachin Jagdish Joshi Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These two appeals are directed against orders dated 23rd June, 2006 and 19th September, 2006 passed by the High Court of Judicature at Bombay in Criminal Revision Application No. 288 of 2005 and in Criminal Writ Petition No.1884 of 2006 respectively. By the first order, the High Court has repelled the challenge made to order dated 23rd March, 2005, in Criminal Appeal No.83 of 2004, whereby the Sessions Judge, Satara had affirmed the order passed by the Juvenile Justice Board, rejecting the application filed by the appellant under Section 227 of the Code of Criminal Procedure, 1973 (for short "the Code") for discharge. By the latter order, another Single Judge of the High Court has dismissed the writ petition preferred by the appellant, seeking quashing of order dated 23rd March, 2005.
(3.) The facts giving rise to the present appeals lie in a narrow compass and centre around a criminal conspiracy, allegedly hatched by the family members of the appellant to murder the deceased, Kunal. The case of the prosecution as per the charge-sheet is that in the month of March 1999, deceased Kunal organised an entertainment show, sponsored by the father of the appellant. During the event, the deceased was introduced to the sister of the appellant, Hema. The acquaintance blossomed into love between the two. Fearing that there may be opposition to their close relationship from their family members, they eloped and got married on 29th May, 2000. Appellant's father lodged a complaint alleging that the deceased had kidnapped his daughter. The complainant, namely, the father of the deceased, also reported the matter to the Pune Police.;


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