Afzal Noormohammad Khan And ANR. v. The State Of Maharashtra And ORS.

NISHA SANDEEP CHITNIS SANDEEP CHITNIS Date: 2022.08.04 11:57:30 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1729 OF 2021 Afzal Noormohammad Khan and Anr.

...Petitioners

Versus

State of Maharashtra and Ors.

...Respondents

Mr. Surel Shah i/b Mr. Ketan Shah, for the Petitioners. Ms. M. M. Deshmukh, A.P.P for the Respondent Nos.1 and 5. Mr. Purushottam G. Chavan, for the Respondent Nos.2 to 4. CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

DATE : 3rd AUGUST 2022 P.C. :

1.

Heard learned counsel for the parties.

2.

By this petition, the petitioners have impugned the order dated 31st July 2020 passed by the learned Special Executive Magistrate/ Assistant Commissioner of Police, Wakad Division, PCM, Hinjawadi, Pune bearing No. JK/Sap/Wakad/4219/2020 and as such seeks quashing and setting aside of the said order. 1/4

3.

Mr. Chavan, learned counsel for the respondent Nos.2 to 4 raises a preliminary objection. He submits that it was open for the petitioners to challenge the impugned order dated 31st July 2020, before the learned Sessions Judge, Pune.

4.

Learned APP also supports the said submission advanced by the learned counsel for the respondent Nos.2 to 4. 5.

Mr. Chavan, learned counsel for the respondent Nos.2 to 4, further sumbits that the respondent Nos.2 to 4 also being aggrieved by part of the impugned order dated 31st July 2020 have filed a Revision Application before the learned Sessions Judge being Revision Application No.231 of 2020. He submits that in the said proceeding, the petitioners have appeared and that the said Revision Application is pending before the learned Sessions Judge.

6.

In view of the preliminary objection raised by the learned counsel for the respondent Nos.2 to 4 as well as the learned APP, the 2/4

learned counsel for the petitioners seeks leave to withdraw this petition with liberty to file a Revision Application before the learned Sessions Judge, Pune, where the Revision Application filed by the respondent Nos.2 to 4 is pending. He submits that the petitioners will file the said Revision Application, within two weeks from today. 7.

Mr. Chavan, learned counsel for the respondent Nos.2 to 4 submits that in the event, there is any delay in filing the said Revision Application, the same will not be opposed by the said respondents and that the respondents will proceed with the said Revision Application, so filed by the petitioners, on its own merits. Statement accepted. 8.

Accordingly, the learned Sessions Judge, before whom Revision Application No.231 of 2020 is pending, to hear the said Revision Application alongwith the Revision Application to be filed by the petitioners together and decide the same, on its own merits, uninfluenced by the withdrawal of this petition. 3/4

9.

It is made clear, we have not gone into the merits of the petition and as such all contentions of all parties are kept open. Both the Revision Applications to be decided expeditiously. 10.

Petition is accordingly disposed of as withdrawn with liberty as prayed, on the aforesaid terms.

11.

All concerned to act on the authenticated copy of this order.

SHARMILA U. DESHMUKH, J.

REVATI MOHITE DERE, J.

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