The State Of Maharashtra v. Pappu @ Dayaram Chetandas Sundrani And ORS

54 appp 146-19=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 146 OF 2019 IN CRIMINAL APPLICATION NO. 1208 OF 2012 The State of Maharashtra ... Applicant V/s.

Pappu @ Daayaram Chetandas Sundrani and Ors.

... Respondents ---------------- Mr. S.D. Shinde, APP for the Applicant/State. Mr. Ashish Sawant I/b Sapna Nath for original Applicant. Mr. Rushikesh Kale I/b V.V. Purwant for the Respondent No.2 ---------------- CORAM : B.P.DHARMADHIKARI, & REVATI MOHITE DERE, JJ.

DATE : 06th FEBRUARY, 2019 P.C.:

1.

In view of order dated 18.01.2013, learned APP seeks leave to file chargesheet before the Trial Court. Request is being opposed by the learned Counsel for the Original Applicant in APL/1208/2012. 2.

However, after hearing respective Counsel, we find that this Court initially granted interim order on 01.11.2012 and on 18.01.2013 by issuing rule permitted investigation to proceed, but restrained Investigating Officer from filing chargesheet. 3.

Investigation is over and chargesheet is now ready for filing. Material which has come up on record during investigation needs to Sneha Chavan 1/2

54 appp 146-19=.doc look into by this Court, even for considering prayers to quash FIR. We therefore, find in the interest of justice to allow application as filed by State and permit them to file chargesheet without prejudice to rights and contentions of the original Applicants in the matter 4.

Chargesheet be presented within four weeks. Original Applicants to place a copy of chargesheet as record of this case thereafter.

5.

Needless to mention that Trial Court shall not proceed further with the trial till further order of this Court in the matter. 6.

Criminal Application No. 146 of 2019 is disposed of. (REVATI MOHITE DERE, J.) (B.P.DHARMADHIKARI, J.) Sneha Chavan 2/2