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Bombay High CourtWP/554/2017others disposed off

Arvind Pandurang Vartak And ANR v. Gangadhar Baburao Kendre And ANR

2017-03-29Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

1 of 2 DB.08.WP.554.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.554 OF 2017 Arvind Pandurang Vartak and another Petitioners versus Gangadhar Baburao Kendre and another Respondents Mr.Nitin Gangal for Petitioners.

Mr.K.V.Saste, APP, for State.

CORAM : S.C.DHARMADHIKARI AND PRAKASH D. NAIK, JJ.

DATE :

29th March 2017 PC :

1.

This petition was listed today only in order to find out whether the Respondents are duly served.

2.

Mr.Saste, learned APP appearing for the State points out the original first informant. He is Gangadhar Kendre. He is impleaded as first Respondent to this writ petition. He is present in Court. 3.

It is in these circumstances that we have taken up this petition for admission and with the consent of Mr.Gangal. After we have heard Mr.Gangal for some time, we expressed disinclination to grant any relief. On instructions, Mr.Gangal seeks leave to withdraw the petition with liberty to adopt such proceedings as are permissible in law including moving the Trial Court with a request to take up the matter expeditiously and dispose of the same.

2 of 2 DB.08.WP.554.2017 4.

Now that the charge sheet is already filed, the Petitioner would be at liberty to file such proceedings as are permissible in law. We clarify that we have not expressed any opinion on the rival contentions.

5.

We dispose of the petition as withdrawn with liberty as prayed for.

(PRAKASH D. NAIK, J.) (S.C.DHARMADHIKARI, J.) MST