Shahbuddin Izhar Ahemed Nasrulla Khan And ORS v. The Sr Police Inspector And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.128 OF 2021 Shahbuddin Izhar Ahemed Masrulla Khan and ors. Applicants versus The Senior Police Inspector and others Respondents Mr.Mateen Shaikh with Muskan Shaikh, Advocates for Applicants. Ms.G.P.Mulekar, APP, for State.

Adv.Kalpana Trivedi with Mayuri Mangeshkar, Advocate for Respondent no.3.

CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 27th March 2023 PC :

1.

At the outset learned APP submitted that after completion of investigation of present crime i.e. C.R No.1589 of 2020 registered with Dahisar Police Station, Mumbai for offences under Sections 498A, 406, 377, 323, 504, 506 r/w 34 of IPC, the investigating agency has filed charge sheet in the Court of Metropolitan Magistrate, 26th Court, Borivali, Mumbai on 2nd January 2023.

2.

Learned Advocate for Applicants therefore seeks leave to withdraw present Application with liberty to file an application for discharge as contemplated under the provisions of Cr.P.C before the MANISH SURESH THATTE MANISH SURESH THATTE Date: 2023.04.05 10:02:52 +0530 Trial Court.

Leave and liberty granted.

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Application is disposed off as withdrawn with aforesaid liberty. 4.

It is made clear that this Court has not adjudicated the issues involved in the present Application and the Application is disposed off on the basis of statement made by learned APP and availability of alternate remedy to the Applicants. It is needless to mention that, the Trial Court will adjudicate the Application for discharge or other proceedings initiated by the Applicants on its own merits and without being influenced by the fact of withdrawal of present Application.

(PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST