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Bombay High CourtWP/789/2022allowed to be withdrawn

Kailash Dodia And ANR. v. State Of Maharashtra And ANR.

2022-11-24Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice R. N. Laddha2 pages

bipin prithiani 40-wp-789.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by BIPIN DHARMENDER PRITHIANI Date: 2022.11.28 13:07:46 +0530 CRIMINAL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI CRIMINAL WRIT PETITION NO. 789 OF 2022 Kailash Dodia & Anr.

...

Petitioners

Versus

State of Maharashtra & Anr.

...

Respondents Ms. Sana Raees Khan for the Petitioners.

Mr. K. V. Saste, APP for the Respondent No.1-State. CORAM: REVATI MOHITE DERE & R. N. LADDHA, JJ.

DATE : 24th NOVEMBER, 2022 P.C. :- .

After arguing for sometime, when the Court was disinclined to entertain the petition seeking quashing of the FIR registered vide C. R. No. 348 of 2014 with the Versova Police Station, Mumbai, under Section 482 of the Code of Criminal Procedure, learned counsel for the petitioners on instructions, sought leave to withdraw the petition with liberty to file an application seeking discharge of the petitioners on merits, before the Trial Court. 2.

The petition is accordingly dismissed as withdrawn with

bipin prithiani 40-wp-789.22.doc liberty as prayed.

3.

If an application for discharge is filed by the petitioners, the learned Judge to decide the said application (provided charge has not been framed till date) on its own merits, in accordance with law, uninfluenced by the withdrawal of this petition. 4.

All contentions on merits are kept open.

5.

Petition is disposed of on the aforesaid terms. R. N. LADDHA, J.

REVATI MOHITE DERE, J.