The State Of Maharashtra v. Vinod Madanlal Goel And ORS

ash apl-62.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO.62 OF 2015 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Ms. M.H. Mhatre, APP for the Applicant.

Shri Prashant Phophale i/b PMH Law for the Respondent. - CORAM :

A.S. OKA & A.A. SAYED, JJ DATED :

7TH JULY 2016 P.C.:

.

This is an Application made by the learned APP for grant of permission to file chargesheet against the Applicants in Criminal Application No.164 of 2011. Criminal Application No.164 of 2011 is filed for quashing the First Information Report. While admitting the Criminal Application No.164 of 2011 for final hearing, a Division Bench of this Court has recorded a prima facie finding that the criminal case is a fallout of purely civil dispute between the original Complainant and the Applicants in the said Application. In the light of this finding, till final disposal of the main Application, permission cannot be granted to file a chargesheet. Accordingly, we reject this Application.

ash apl-62.15 2.

We direct that the Criminal Application No.164 of 2011 shall be added to the appropriate weekly board of Criminal Applications.

3.

We make it clear that though Criminal Application No.380 of 2011 and Criminal Application No.134 of 2011 are pending, the main Application shall not be treated as unready and that the Criminal Application No.164 of 2011 shall be listed on the weekly board along with pending Criminal Applications.

(A.A. SAYED, J) (A.S.OKA, J)