Vinaykumar Chiman Patekar And ORS. v. The State Of Maharashtra And ANR

17. WP 1795-2021.doc by RUPALI RAJESH WAKODIKAR Date: 2022.11.15 10:33:12 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1795 OF 2021 Vinaykumar Chiman Patekarand Ors

...Petitioners

Versus

The State of Maharashtra & Anr

...Respondents

Mr. Abhishek Avachat for the Petitioners.

Ms. S.D.Shinde, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE & R. N. LADDHA, JJ.

DATE : 11 th NOVEMBER, 2022 P.C. :

1.

Learned Counsel for the petitioners states that during the pendency of the aforesaid petition, chargesheet has been filed in the said case. Considering the same, learned Counsel for the petitioners seeks leave to withdraw the petition with liberty to file a discharge application before the trial Court, in view of the filing of chargesheet. Wakodikar 1/2

17. WP 1795-2021.doc 2.

Accordingly, the application is disposed of as withdrawn with liberty as prayed.

3.

If an application seeking discharge is filed by the petitioners, the learned Judge to consider the said application on its own merits, in accordance with law, uninfluenced by the withdrawal of the aforesaid petition, provided charge has not been framed till date.

4.

It is made clear that we have not gone into the merits of this petition and as such, all contentions of the parties are kept open. 5.

All concerned to act on the authenticated copy of this order.

R. N. LADDHA, J.

REVATI MOHITE DERE, J.

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