Bombay High Court

KIRAN NIMBA BAVISKARversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: DISPOSED OFF

Holding

The petition is dismissed; the High Court will not direct the addition of the person as an accused.

Summary

Petitioner Kiran Nimab Baviskar filed a criminal writ petition seeking a direction to add Lalchand Patil as an accused in C.R. No. 675 of 2022 pending before the Chief Judicial Magistrate, Dhule. The court noted that a charge sheet has already been filed and the trial is underway. It held that any grievance against Lalchand Patil must be raised before the magistrate during the trial if evidence emerges. Consequently, the High Court declined to grant any relief. The petition was therefore disposed of without any order adding the person as an accused.

Issues considered

Whether the High Court can direct the addition of a person as an accused in a criminal case after the charge sheet has been filed.
Whether the petitioner has any alternative remedy to raise his grievance before the trial court.

Subjects

criminal procedure
addition of accused
charge sheet
writ petition
High Court jurisdiction
trial court
Chief Judicial Magistrate

Judgment

                                  (1)
                                                  931- Cri.W. P. 810-2023.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

            CRIMINAL WRIT PETITION NO. 810 OF 2023

                     KIRAN NIMBA BAVISKAR
                            VERSUS
           THE STATE OF MAHARASHTRA AND ANOTHER

                                   …..
Advocate for the Petitioner : Rutuja L. Jakhade
APP for Respondents: Mr. R. D. Raut
                                  ...

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

                   DATED :      August 21, 2026

ORDER:-

1.    Heard.



2.    Though the petitioner has prayed for direction for adding one

Lalchand Patil in C.R. No. 675 of 2022 of Dhule City Police Station,

but the report of Resource Personnel indicates that charge sheet is

already filed and the proceedings is started before the learned Chief

Judicial Magistrate, Dhule.



3.    Under such circumstances, if the petitioner is having any

grievance against the aforesaid person, then he may agitate it before

the concerned learned Chief Judicial Magistrate, Dhule if any evidence

against Mr. Lalchand Patil comes during the trial before the Court.
                                  (2)
                                               931- Cri.W. P. 810-2023.odt
4.      At present we are not inclined to grant any relief and

accordingly the petition stands disposed of.




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

YSK/

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