Bombay High Court

ANIL RAMNATH DAVLEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is disposed as the reliefs sought should be raised before the appropriate criminal court.

Summary

Anil Ramnath Davle filed a criminal writ petition seeking police protection, a decision on his earlier representations, and the addition of a fifth respondent as an accused with specific IPC sections in FIR No. 505 of 2023. The Court observed that a charge sheet has already been filed and the related criminal case (RCC No.1070/2023) is pending before the Judicial Magistrate First Class‑2 at Jalna. It held that any grievance regarding the petitioner's relief must be raised before the concerned criminal court. Consequently, the High Court found no jurisdiction to entertain the reliefs sought and disposed of the petition. The order underscores the principle that pending criminal proceedings must be addressed in the appropriate forum.

Issues considered

Whether the High Court can direct police protection and order addition of an accused in an FIR where a charge sheet is already filed.
Whether a writ petition is maintainable when the same matter is pending before a criminal court.

Subjects

police protection
addition of accused
IPC sections 307, 392, 107, 120-B
criminal writ petition
pending criminal case
jurisdiction

Judgment

2026:BHC-AUG:44671-DB

                                                                        1330.23WP

                                                1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        17 CRIMINAL WRIT PETITION NO.1330 OF 2023

                                  ANIL RAMNATH DAVLE
                                        VERSUS
                          THE STATE OF MAHARASHTRA & OTHERS

                                             ...
                            APP for Respondent-State : Mr.N.B.Patil
                                             …

                                      CORAM :       SANDIPKUMAR C. MORE &
                                                    VAISHALI PATIL-JADHAV,JJ.

                                      DATE     :    28.09.2026
                 P.C. :


                 1]         None for the petitioner.



                 2]         The petitioner has prayed for direction to the

                 respondent nos.1 to 4 for providing police protection and to

                 decide his representations dated 04.07.2023 and 22.08.2023.

                 The petitioner has also prayed for addition of respondent

                 no.5 as an accused in FIR No. 505 of 2023 of Jalna Taluka

                 Police Station and to add Section 307, 392, 107, 120-B of the

                 Indian Penal Code.



                 3]         However, the report of the Resource Personnel of

                 this Court clearly indicates that charge sheet in the aforesaid
                                                                     1330.23WP

                                       2

crime is already filed. Now RCC No.1070/2023, arising out of

the   same,     is    pending     before      the    concerned       Judicial

Magistrate First Class-2 at Jalna. Thus, it appears that if the

petitioner is having grievance regarding his prayers in this

petition, it can be very well agitated before the concerned

Court.



4]         In        view   of   the       same,    the   petition    stands

disposed of.



[VAISHALI PATIL-JADHAV]                      [SANDIPKUMAR C.MORE]
        JUDGE                                     JUDGE

DDC

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