Dadasaheb Babasaheb Gagare And ANR v. State Of Maharashtra

908. WP 987-2022.doc Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2022.04.07 17:30:32 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 987 OF 2022 Dadasaheb Babasaheb Gagare and Anr.

...Petitioners

Versus

The State of Maharashtra and Anr.

...Respondents

Mr. Raviraj R. Paramane for the Petitioners.

Mr. H.J.Dedhia, A.P.P for the Respondent No.1-State. Mr. Amol Salunke, API, Padgha Police Station. CORAM : REVATI MOHITE DERE, J.

DATE : 5 th APRIL, 2022 P.C. :

1.

Learned APP raises a preliminary objection. He submits that the petitioners have an alternate efficacious remedy and that it is always open for the petitioners to file an appropriate appeal against the impugned order before the learned Sessions Judge. He submits that infact, M/s. Jay Anand Food Industries has already filed a Criminal Appeal before the learned Sessions Judge, Thane, and that the said appeal is pending before the said Judge.

2.

In view of the aforesaid, learned Counsel for the petitioners Wakodikar 1/2

908. WP 987-2022.doc does not press this petition and seeks leave to withdraw the same with liberty to file an appropriate application/appeal before the appropriate Court seeking the same relief, as sought for in the present petition. 3.

Petition is accordingly disposed of as withdrawn, with liberty as prayed.

4.

It is made clear that this Court has not heard the aforesaid petition on merits, and as such, all contentions of parties are kept open. 5.

If an appropriate proceedings are filed before the concerned Court within two weeks from today, the learned Judge to decide the same expeditiously.

6.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

Wakodikar 2/2