NAYAN S/O NAGORAO INGLE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-10-240
HIGH COURT OF BOMBAY
Decided on October 05,2017

Nayan S/O Nagorao Ingle Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

R.K.DESHPANDE,J. - (1.) The Court on its own motion takes the cognizance of Complaint Inward No. 1290 of 2018 made on the administrative side under the signatures of Nagorao Tulshiram Ingle and Ashish Nagorao Ingle against the Presiding Officer of Juvenile Justice Board, Smt. N.N.Bedarkar, received by the office of this Court on 15th March, 2018, arising out of Criminal Writ Petition No. 340 of 2016 (Nayan s/o Nagorao Ingle v. State), decided finally on 5th October, 2017.
(2.) The facts in brief are as under - At the instance of one Meghraj Tarde, the offences were registered against one Nagorao Ingle, his wife and two sons; Ashish and Nayan, punishable under Sections 294, 323, 394, 506 read with Section 34 of Indian Penal Code on 18.05.2014 in the Police Station at Kalamna, Nagpur, vide Crime No. 155 of 2014. Accused Nayan was below 18 years of age and being juvenile, his case was separated from Regular Criminal Case No. 1591 of 2015 and it was referred to Juvenile Justice Board vide J.C.C. No. 178 of 2015.
(3.) From the order dated 7th July, 2017, passed by the learned Additional Sessions Judge, Nagpur, in Criminal Revision No. 207 of 2016, available on record of this Court, it seems that Nagorao Tulshiram Ingle, Smt. Jyoti w/o Nagorao Ingle and Ashish s/o Nagorao Ingle were discharged from the offences punishable under Sections 294, 394, 506(2) of Indian Penal Code. There is nothing on record to show that the order was carried further either in appeal, revision or writ petition before this Court. As per the said order, the prosecution against the applicants was to continue for the offence punishable under Section 323 of the Indian Penal Code, pending in the Court of Judicial Magistrate, First Class, Nagpur, in Regular Criminal Case No. 1591 of 2015. It is also known, whether this part of the order was carried further in the appeal, revision or writ petition before this Court. It is, therefore, presumed that Nagorao Tulshiram Ingle, Smt. Jyoti w/o Nagorao Ingle and Ashish s/o Nagorao Ingle are being prosecuted for the offence punishable under Section 323 of the Indian Penal Code in Regular Criminal Case No. 1591 of 2015.;


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