Harish Mahadu Kanaskar v. The State Of Maharashtra And ORS.

V.A. Tikam 27-WP 883 of 2021.doc VAISHALI ANIL TIKAM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by VAISHALI ANIL TIKAM Date:

2023.12.05 11:03:47 +0530 WRIT PETITION NO. 883 OF 2021 Harish Mahadu Manaskar .. Petitioner vs.

The State of Maharashtra and Ors.

.. Respondents Ms. Malika Ingale for Petitioner Mr. V.B. Konde Deshmukh, APP for the State- Respondent Nos. 1 to 9 Ms. Prachi Tatake for Respondent No.10 APIL Balaji S. Kamble, Manchar Police Station CORAM: A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 28th NOVEMBER, 2023.

P. C.:- 1) Record indicates that by an Order dated 11th March, 2021, this Court had directed the investigation of the present crime to continue, however, the Investigating Officer shall not file charge-sheet in the crime. 2) Heard learned Advocate for the Petitioner at length. Perused the record of investigation.

3) Perusal of record indicates that, a prima facie case is made out against the Petitioner and therefore the prayer for quashing of present FIR cannot be entertained.

4) In view thereof, we permit the investigating agency to file chargesheet in the present crime. 1/2

V.A. Tikam 27-WP 883 of 2021.doc 5) As the Police are submitting charge-sheet, the learned Advocate for the Petitioner on instructions seeks leave to withdraw the Petition with liberty to file an application for discharge under the provisions of the Criminal Procedure Code before the trial Court. Leave and liberty granted.

6) Disposed off as withdrawn with aforesaid liberty. (SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 2/2