Virendra Purshottam Makwana And ANR v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 269 OF 2017 Virendra P. Makwana and Another.

..Applicants.

Versus

State of Maharashtra & Another.

..Respondents.

Mr. Yasmin E. Tavaria for the Applicants.

Mr. F. R. Shaikh, APP for the Respondent-State. Coram : RANJIT MORE & N. J. JAMADAR, JJ.

Date : August 13, 2019.

P. C. :

1.

Heard. The petition is filed seeking to quash the proceedings of a criminal case pending on the file of JMFC, Vadgaon, being RCC No.413 of 2011. Mr. Shaikh, learned APP on instructions submitted that in the subject criminal case, charge was framed in the month of January 2018 and thereafter trial has commenced, and as on today one witness has been examined in the said trial.

2.

Since the trial is at the advanced stage, we refuse to entertain this writ petition in exercise our jurisdiction under Article 226 of Constitution of India and/or under section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings. The Applicants have to now face trial. In the circumstances, the application is dismissed.

[N. J. JAMADAR, J.] [RANJIT MORE, J.] patilsr 1 / 1