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Bombay High CourtAPL/377/2016others disposed off

Bhavin Devji Gada And ORS v. The State Of Maharashtra And ANR

2017-02-07Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice A.S. Oka1 pages

rsk 1 44-APL-377-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO.377 OF 2016 Bhavin Devji Gada & Ors.

...Applicants vs.

The State of Maharashtra & Anr.

...Respondents

Ms. Sonal Parab i/b Rajeev Sawant & Associates for the Applicants. Mr. N. B. Patil, APP for the State.

CORAM : A.S.OKA AND ANUJA PRABHUDESSAI,JJ.

DATE : 7th FEBRUARY 2017.

P.C.:

.

For the same relief, admittedly, an Application No.296/2014 was filed which was dismissed by the order dated 26th September 2014 for want of prosecution.

2.

The Applicants are relying upon a letter dated 22nd January 2014 addressed by the first Respondent. The ground based on the said letter was available to the Applicants in the earlier application. 3.

We, therefore decline to entertain this second Application for quashing of the FIR.

4.

Application is disposed of.

5.

However, this order will not prevent the Applicants from applying for restoration of the earlier Application. (ANUJA PRABHUDESSAI,J) (A.S.OKA,J.)