Pankaj Vitthalrao Ghule And ORS v. The State Of Maharashtra And ANR

APL47.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 47 OF 2016

1. Mr. Pankaj Vithalrao Ghule & Ors.

... Applicants Vs 1 The State of Maharashtra & Anr.

... Respondents Mr. Milind A. Ingole for the Applicant.

Dr. F.R. Shaikh, APP, for the Respondent-State. Mr. Satyavrat Joshi for the Respondent No.2.

CORAM : S.C. DHARMADHIKARI & PRAKASH D. NAIK, JJ.

WEDNESDAY, 19TH APRIL, 2017 P.C. :

The applicant's advocate, despite several opportunities, has not carried out the amendment to the petition. The petition was earlier dismissed, later on restored specifically on the request of the applicant's advocate. Then, on 6th March, 2017, the applicant's advocate sought leave to amend as, in the meanwhile, the charge-sheet was filed.

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APL47.16.doc After obtaining such leave from that date till today, the amendment is not carried out. We had extended the time to carry out the amendment in terms of the above order on 5th April, 2017. After that also, the Registry reports that the applicant's advocate failed to turn up to carry out the amendments. In the circumstances, we do not think that we should engage the applicants any further. The application is dismissed with liberty to the applicant to avail of such remedies as are permissible in law, including to seek a discharge from the criminal case.

PRAKASH D. NAIK, J.

S.C. DHARMADHIKARI, J.

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