Umesh Bajirao Khandekar v. The State Of Maharashtra And ORS

bipin prithiani 26-apl-305.20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by BIPIN DHARMENDER PRITHIANI Date: 2022.11.11 18:26:06 +0530 BIPIN DHARMENDER PRITHIANI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 305 OF 2020 Umesh Bajirao Khandekar ...

Applicant

Versus

1. The State of Maharashtra

2. Superintendent of Police

3. Police Inspector

4. Abhraham Yashantrao Aavle ...

Respondents Mr. Dhairyasheel Sutar a/w Mr. Kiran Kulkarni for the Applicant. Ms. M. H. Mhatre, APP for the Respondent No.1-State. CORAM: REVATI MOHITE DERE & R. N. LADDHA, JJ.

DATE : 10th NOVEMBER, 2022 P.C. :- .

By this application, the applicant seeks quashing of the FIR registered vide C.R. No. 315 of 2019 with the Ichalkaranji Police Station, Kolhapur for the alleged offences punishable under Sections 353, 504 and 506 of the Indian Penal Code. 2.

It appears that in the interregnum, during the pendency of the aforesaid application, charge-sheet has been filed in the said case.

bipin prithiani 26-apl-305.20.doc 3.

In view of the said development, learned counsel for the applicant seeks leave to withdraw the application with liberty to file an application seeking the applicant's discharge from the said case, before the Trial Court.

4.

If an application for discharge is filed by the applicant, the learned Judge to decide the said application as expeditiously as possible, in accordance with law, on its own merits, uninfluenced by the withdrawal of the aforesaid application. The said order is passed having regard to the statement made by the learned counsel for the applicant, that charge has not been framed as against the applicant till date.

5.

Application is accordingly disposed of as withdrawn with liberty as prayed.

6.

All contentions of the parties on merits are kept open. R. N. LADDHA, J.

REVATI MOHITE DERE, J.