Khanderao Parmanand Rawool v. The State Of Maharashtra

SSK 73-wp-3742-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3742 OF 2021 Khanderao Parmanand Rawool ..Petitioner V/s.

State of Maharashtra and Anr.

..Respondents Mr. Harshad Sathe a/w. Mr. Harshavardhan G. Khambete i/by Ms. Ankita Pawar for Petitioner Mr. S. S. Hulke, APP for Respondent No.1-State Mr. Ajinkya Udane for Respondent No.2 CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 26th JUNE 2023.

P.C. :

1.

Mr. Udane, learned Advocate for Respondent No.2 has expressed his inability to proceed with the hearing of Petition, in view of instructions given by Respondent No.2 to him. He therefore seeks discharge from being Advocate for Respondent No.2 in present Petition.

Mr. Udane is accordingly discharged as an appointed Advocate for Respondent No.2.

2.

In the present case, admittedly, Police have submitted chargesheet and the case has been committed to the Sessions Court. Petitioner is therefore having substantive alternate remedy by way of filing an application for discharge, if charge is not framed till date, 1/2

SSK 73-wp-3742-21.doc as contemplated under the provisions of Cr.P.C. before the Trial Court.

3.

By reserving the said remedy of Petitioner, Petition is disposed off.

4.

All contentions of both the parties are expressly kept open. (SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.) 2/2