Srinidhi Rao And ANR v. Pollution Control Committee And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1078 OF 2016 Shri Srinidhi Rao & anr.

... Petitioners.

Versus

Pollution Control Committee & ors.

... Respondents.

--- Mr. Karan Bhosale i/b. Mr. S.S. Shirsat, advocate for petitioners. Ms. P.H. Kantharia, advocate for respondent Nos. 1 and 2. Mrs. A.A. Mane, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : AUGUST 10, 2016 P.C.:

Heard the learned Counsel for the petitioner. Rule. Rule made returnable forthwith with the consent of the parties.

Learned Counsel for the petitioner upon instructions seeks liberty to withdraw the petition. Liberty as prayed for is granted in the interest of justice. After considering the merits of the matter, it appears that the permission was granted by the appropriate authority Talwalkar 1/2

904.wp1073.16.sxw on 25/2/2010 and the complaint was filed on 27/4/2010. It appears from the record that the charge has been framed and it is in these circumstances, the Court is not inclined to stay the proceedings or quash the proceedings as after framing of charge the proceedings have to be taken to its logical end. The Petitioner is at liberty to file an application seeking exemption. The learned Magistrate shall consider the application on its own merits, without being influenced by the withdrawal of this petition. The learned Court is further requested to make an endeavour to conclude the proceedings in R.C.C. No. 37/2010 as expeditiously as possible and preferably by 30th January, 2017.

With this direction, the petition stands dismissed as withdrawn and Rule is discharged accordingly. The Petition is disposed of. All contentions in the petition are kept open.

(SMT. SADHANA S. JADHAV,J) Talwalkar 2/2