Sunil Gopinath Ghodke v. The State Of Maharashtra

16-apl-393-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 393 OF 2019 Mr.Sunil Gopinath Ghodke ...Applicant

Versus

The State of Maharashtra

...Respondent

......

Mr.Bhavesh M. Thakur for the Applicant.

Mr.A.R.Patil, APP for the Respondent -State.

......

CORAM : S.S.SHINDE J.

DATE : 06 JUNE, 2019 P.C.:

1.

This Application takes an exception to the order dated 15th February, 2019 passed by the learned Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Sewree, Mumbai in C.C.

No. 571/PW/2013.

2.

The operative part of the order make it clear that the applicant herein i.e., accused is directed to remain present to frame an additional charge for an offence punishable under section 201 of the Indian Penal Code.

Trupti 1/2

16-apl-393-2019.doc 3.

The applicant has to cause his appearance before that Court and thereafter only the question of framing the additional charge will arise. In my opinion, the Application is premature. Hence, the Criminal Application stands disposed of as premature.

4.

Needless to observe that in case the additional charge is framed against the applicant, the applicant will be at liberty to avail of an appropriate remedy.

(S.S.SHINDE, J.) Trupti 2/2