Harshad S/O Manohar Thale And v. The Hon. Home Minister And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1099 OF 2023 Harshad Manohar Thale & Anr.

...Petitioners

Versus

The Hon'ble Home Minister & Ors.

...Respondents

Mr. Sudip Mallik i/b. N. Deepak & Co. for Petitioners. Mr. J. P. Yagnik, APP for the Respondent-State. CORAM : NITIN W. SAMBRE & SHARMILA U. DESHMUKH, JJ DATED :

7th JUNE, 2023 P.C.:

1.

The order impugned refusing to issue process is passed in exercise of powers u/s. 156(3) of the Cr.P.C, which is a revisional order. As the remedy of revision is available to the Petitioners, we deem it appropriate to dispose of the Petition in view of the availability of the alternate remedy.

2.

The Petition as such stands disposed of.

3.

In case if the Petitione rs prefer a revision, the time consumed in prosecuting the present Petition shall be taken into account in case the issue of limitation arises. Needless to clarify that the revision, if so preferred shall be decided in accordance akn 1/2

2/2 16.WP.1099.2023.doc with law without being influenced by the disposal of the present Petition.

(SHARMILA U. DESHMUKH, J) (NITIN W. SAMBRE, J.) akn 2/2