Bapu Prabhakar Nair v. The State Of Maharashtra And ORS

903-wp-284-16 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 284 OF 2016 Bapu Prabhakar Nair .. Petitioner Vs.

The State of Maharashtra and ors.

.. Respondents Mr. A.H. Ponda i/by Mr. Praful Soni for petitioner. Mr. S. K. Shinde, PP a/w Mrs. Sangeeta D. Shinde, APP for State. CORAM: NARESH H. PATIL & PRAKASH D. NAIK, JJ.

SEPTEMBER 28, 2016.

P.C.

1.

Learned Public Prosecutor submitted that the charge-sheet against the petitioner has already been filed and cognizance is taken by the trial court. It is submitted that the petitioner has alternate statutory remedy under Section 11 of the MCOC Act, 1999.

2.

In view of the alternate statutory remedy being available to the petitioner, learned counsel for the petitioner seeks leave to withdraw this petition for resorting to appropriate alternate remedy as prescribed under

903-wp-284-16 the statute. Learned counsel for the petitioner submits that the petitioner would be approaching the trial court by filing appropriate application under Section 11 of the MCOC Act, 1999. The trial court be directed to deal with the said application expeditiously.

3.

Leave granted and petition is disposed of as withdrawn with liberty as prayed for. In case, the petitioner prefers such an application, stated above, we direct the trial court to decide the same expeditiously. (PRAKASH D. NAIK, J.) (NARESH H. PATIL,J.)