Sushant Tapan Pore v. Taraknath Nagendranath Maity

29.WP 1106.21.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1106 OF 2021 Sushant Tapan Pore ... Petitioner V/s.

The State of Maharashtra ... Respondent Mr. R.G. Gadgil a/w. Ms. Tajashree Panchal for the Petitioner Ms. M.H. Mhatre, APP for the Respondent - State CORAM : NITIN JAMDAR & SARANG V. KOTWAL, JJ.

DATE : 21 OCTOBER 2021 P.C. :- The Petitioner is seeking to quash the FIR No. 406 of 2007 and C.C. No. 895/PW/2008 filed by the Dahisar P. Station before the Learned 26th Metropolitan Magistrate Court, Borivali, Mumbai.

2.

The learned Counsel for the Petitioner states that the charge-sheet is filed however charges are not yet been framed and the matter is not yet proceeded. Having examined the FIR and the statement of facts therein, we are of the opinion that the Petitioner

29.WP 1106.21.doc has the remedy under the Code of Criminal Procedure for applying for discharge as per law and on its own merits before the concerned Court. Keeping that remedy and contentions of the Petitioner open, the Writ Petition is disposed of.

SARANG V. KOTWAL, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date: 2021.10.22 11:29:32 +0530 JYOTI PRAKASH PAWAR