Bombay High Court

SHARAD SITARAM NIKAMversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The petition was dismissed as the petitioner must raise the grievance before the concerned Chief Judicial Magistrate, and the writ petition disclosed no surviving cause of action.

Summary

Sharad Sitara Nikam filed Criminal Writ Petition No. 700 of 2023 seeking the addition of Sections 307, 326 and 354 of the Indian Penal Code to the charge sheet in C.R. No. 52 of 2023 lodged at Jinsi Police Station, Aurangabad. The court observed that a charge sheet had already been filed only under Section 326 and that the trial was pending before the learned Chief Judicial Magistrate, Aurangabad. The petitioners were directed to raise any grievance regarding the addition of further charges before that magistrate. Since the petitioner had not approached the appropriate forum, the High Court found no ground to interfere. Consequently, the writ petition was dismissed and the petition stood disposed.

Issues considered

What relief, if any, can a petitioner obtain through a criminal writ petition to direct the addition of further IPC sections after a charge sheet has been filed and trial commenced?

Legislation cited

Indian Penal Code, 1860 — s. 307, 326, 354

Subjects

criminal procedure
writ petition
addition of charges
Indian Penal Code
jurisdiction
magistrate

Judgment

                                    (1)
                                                930- Cri. W. P. 700-2023.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

             CRIMINAL WRIT PETITION NO. 700 OF 2023

                     SHARAD SITARAM NIKAM
                              VERSUS
           THE STATE OF MAHARASHTRA AND ANOTHER
                                 …..
       APP for Respondents: Mr. G. A. Kulkarni
                                 ...

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

                   DATED :        August 21, 2026

ORDER:-

1.     None for the petitioner.

2.     The report of Resource Personnel of this court indicates that

though the petitioner has prayed for addition of Sections 307, 326 and

354 of the Indian Penal Code in C.R. No. 52 of 2023 in Jinsi Police

Station, Aurangabad, but charge sheet in the aforesaid crime is filed

under Section 326 of the Indian Penal Code and the trial is going on

before the learned Chief Judicial Magistrate, Aurangabad.

3.     Under such circumstances, the petitioner can raise his grievance

before the concerned learned Chief Judicial Magistrate.          As such,

nothing survives in this petition and it stands disposed of.



(VAISHALI PATIL-JADHAV)              (SANDIPKUMAR C. MORE)
      JUDGE                                  JUDGE

YSK/

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