Jayesh Himmatlal Kandoliya v. The State Of Maharashtra

bipin prithiani 2-wp-1645.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI Date: 2023.02.08 10:47:40 +0530 BIPIN DHARMENDER PRITHIANI CRIMINAL WRIT PETITION NO. 1645 OF 2019 Jayesh Himmatlal Kandoliya ...

Petitioner

Versus

The State of Maharashtra ...

Respondent ****** None for the Petitioner.

Mrs. G. P. Mulekar, APP for the Respondent-State. PSI Ashok Patil, Malvani Police Station.

****** CORAM: NITIN W. SAMBRE AND R. N. LADDHA, JJ.

DATE : 7th FEBRUARY, 2023 P.C. :- .

Heard learned APP.

2.

On 2nd February, 2023, so also today, the writ petition is called out for second time for admission. On all four occasions, none appeared for the petitioner.

3.

The learned APP submits that the prayer in the petition is for quashing of the FIR, whereas the petitioner is already charge-sheeted and the trial has reached at the stage of framing of charges. 4.

In this background, petition stands dismissed. 5.

However, dismissal of the petition will not come in the way of

bipin prithiani 2-wp-1645.19.doc the petitioner in seeking discharge before the Court below or in the alternative, questioning charge-sheet by preferring fresh petition, which prayer be decided without being influenced by dismissal of the present petition.

[R. N. LADDHA, J.] [NITIN W. SAMBRE, J.]