Manju Tejbal Vishwakarma And ANR v. Thr Union Territory Of Daman And Diu

crwp-778.17 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.778 OF 2017 Manju Tejbal Vishwakarma and Anr.

... Petitioners Vs.

The Union Territory of Daman & Diu ... Respondent Mr. Samir A. Vaidya for the Petitioners.

Mr. N.B. Patil, APP for the Respondent.

CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

DATE : 27th FEBRUARY, 2017 P.C.

.

Not on board. Taken on board.

The prayer is for quashing charge sheet. It is not in dispute that the petitioners applied for discharge before the Sessions Court and by order dated 17th January, 2017 the said application has been rejected. Therefore, we decline to entertain this Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 as the petitioners have a remedy of challenging the order passed rejecting the application for discharge. Accordingly, Writ Petition is rejected. However, all contentions on merits as regards the order dated 17th January, 2017 are kept open. This order will not preclude the petitioners from challenging the said order in accordance with law.

(ANUJA PRABHUDESSAI, J) (A.S. OKA, J)