Poonam Swapnil Diwate v. The State Of Maharashtra And ORS

1 of 2 68.WP.1666.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1666 OF 2022 Poonam Swapnil Diwate Petitioner versus The State of Maharashtra and others Respondents Mr.Mahadji Mhalke, Advocate for Petitioner.

Mrs.M.M.Deshmukh, APP, for State.

Mr.Pravin Bajirao Jaibhay, PC, Yavat Police Station, Pune Rural, present.

CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 27th March 2023 PC :

1.

In view of the fact that after completion of investigation police have filed charge sheet in the Court of Additional District and Sessions Judge, Baramati on 18th February 2022, learned Advocate for Petitioner on instructions seeks leave to withdraw present Petition with liberty to file an application for discharge as contemplated under the provisions of Cr.P.C, before the Trial Court. Leave and liberty granted.

2.

Petition is disposed off as withdrawn with aforesaid liberty. 3.

It is made clear that this Court has not adjudicated the issues MANISH SURESH THATTE MANISH SURESH THATTE Date: 2023.04.05 10:02:53 +0530 involved in the present Petition and Petition is disposed off on the ground of availability of alternate remedy to the Petitioner. It is

2 of 2 68.WP.1666.2022.doc needless to mention that Trial Court will adjudicate the Application for discharge or other proceedings initiated by the Petitioner on its own merits and without being influenced by the fact of withdrawal of present Petition. All contentions of Petitioner are expressly kept open for consideration of Trial Court.

(PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST