Barun Kashyap Bhuyan v. The State Of Maharashtra

P.H. Jayani 44 WP621.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 621 OF 2017 Barun Kashyap Bhuyan .... Petitioner v/s.

The State of Maharashtra .... Respondent Mr. Vijay Hiremath for the Petitioner.

Mr. J.P. Yagnik, APP for the State.

CORAM: A.S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATED : 13th FEBRUARY, 2024.

P. C. :- 1) Learned APP on instructions from Mr. Sunildatta Gomare, PSI attached to Amboli Police Station, Mumbai submitted that, investigation of the present case is completed however in view of the Order dated 16th February, 2017, chargesheet has not been filed. He further submitted that, as there was restraining Order passed by this Court, the necessary sanction is not yet obtained from the Competent Authority. That, after receipt of sanction, the Investigating Agency will submit chargesheet against the Petitioner.

2) As the Investigating Agency is intending to file chargesheet, the Petitioner is having alternate statutory remedy under the provisions of Cr.P.C. before the trial Court.

3) In view thereof, learned advocate for the Petitioner seeks leave to withdraw the Petition with liberty to adopt alternate remedy before the 1/2

P.H. Jayani 44 WP621.2017.doc trial Court, if police submits chargesheet.

Leave and liberty granted.

4) Petition is disposed off as withdrawn with aforesaid liberty. (SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) PREETI HEERO JAYANI by PREETI HEERO JAYANI Date: 2024.02.27 11:14:02 +0530 2/2