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Bombay High CourtAPL/280/2018others disposed off

Kalavati Mahendra Jain v. The State Of Maharashtra And ANR

2018-03-20Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice R.M. Savant.2 pages

YBG 904-905-cri-apl-280-88

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION NO.280 OF 2018 Smt. Kalavati Mahendra Jain ..

Applicant

Versus

State of Maharashtra & Anr.

..

Respondents WITH APPLICATION NO.288 OF 2018 Chandanmal Vijayraj Jain & Ors.

..

Applicant

Versus

State of Maharashtra & Anr.

..

Respondents Mr. Amol Patankar with Mr. M.Sundar, Vikas Saidane, Dileep Satale i/b. Ms. Divya D. Jain for applicants Mrs. P.P.Shinde, APP for State.

CORAM

:

R.M.SAVANT & SARANG V. KOTWAL, JJ.

DATE :

20th March 2018.

P.C.

1] By the above applications, the applicants are inter alia seeking a relief that the charges framed against the applicants be dropped and the F.I.R. No.182 of 2013 and the entire charge sheet on the file of the learned Metropolitan Magistrate, 26th Court, Borivali, Mumbai numbered as C.C.No.2044/PW/2013 be quashed

YBG 904-905-cri-apl-280-88 and set aside.

2] It is required to be noted that the charge has been framed against the applicants in the above applications on 25th February 2016. It is further required to be noted that no application for discharge was filed by the applicants before the charges were framed against them.

3] The above applications have been filed in February 2018 for the reliefs which have been adverted to hereinabove. In the facts as aforestated and especially having regard to the fact that the charges have already been framed against the applicants, we decline to exercise our jurisdiction under section 482 of the Cr.P.C. 4] Both the criminal applications are accordingly dismissed. (SARANG V. KOTWAL, J) ( R.M.SAVANT, J.)