Kuldeep Nandlalji Bothra v. The State Of Maharashtra

by SATISH RAMCHANDRA SANGAR Date:

2024.02.06 10:45:21 +0530 SATISH RAMCHANDRA SANGAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 154 OF 2017 Kuldeep Nandlalji Bothra ...Applicant vs.

The State of Maharashtra and Anr.

...Respondents

***** None for Applicant.

Mr.A.D.Kamkhedkar-APP for Respondent No.1-State. Mr.Amit Munde-Special Public Prosecutor for Respondent No.2-CBI. ***** CORAM :

S. M. MODAK, J.

DATE :

2nd FEBRUARY 2024 P. C. :- 1.

The Court of City Civil Court - CBI as per the order dated 6th December, 2016 was pleased to reject the Application of the present Applicant who is Accused No.20 for discharge. The offences are under Sections 120-B, 420, 467, 468, 471 of Indian Penal Code, 1860 ["IPC"] and under Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 ["PC Act"]. The legality of the said order is challenged by way of this Revision. It is pending since 2017. 2.

Today, learned Advocate Shri.Munde for the Respondent No.2 - CBI expressed desire to appear in this matter on the basis of 1/3

instructions. He is having submission that the papers are not supplied to him.

3.

No one is present on behalf of the Applicant. It is but natural for the Applicant also. Because, the Revision is pending since 2017. Hardly there are few orders obtained from this Court at the instance of the Applicant. On 21st March, 2017, the Applicant was asked to join CBI as party. Whereas, on 13th August, 2018, further extension was granted to carry out necessary amendment. Except these two orders, there are no other orders.

4.

Learned Advocate Shri.Munde submitted that the trial Court has already framed charge and even almost 8 witnesses are examined. He has made this submission on the basis of relevant roznamas from the website. Their copies are taken on record. They are marked as Annexure-X collectively.

5.

In view of that, there is no point in keeping this Revision pending any more. It has become infructuous. Hence, Revision is disposed of.

6.

All contentions of Applicant and CBI are kept open. If, these issues are raised before the trial Court, let trial Court to decide the same 2/3

at the time of conclusion of the trial.

[S. M. MODAK, J.] 3/3