Sharad @ Dev S. Gupta v. The State Of Maharashtra

k 1/2 33 cr apl 449.15 as .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATEJURISDICTION CRIMINAL APPLICATION NO.449 OF 2015 Sharad @ Dev S. Gupta ..... Applicant V/s The State of Maharashtra ..... Respondent Mr. Vinay J. Bhanushali for the Applicant.

Dr. F.R. Shaikh, APP for the Respondent/State. CORAM : A.S. OKA & A.A. SAYED, JJ.

DATED : 08 AUGUST 2016 ORDER:

The prayer in this Application under section 482 of Code of Criminal Procedure, 1973 (for short "CrPC") is for quashing the proceedings on the basis of charge-sheet filed. The Application for discharge was made by the present Applicant which was rejected by an order dated 25 July 2014. The said order is not challenged by the Applicant till today.

Remedy under section 482 of CrPC is a discretionary remedy. The power under section 482 of CrPC is to be exercised sparingly and in rare 1/2

k 2/2 33 cr apl 449.15 as .doc cases. If the law of limitation permits, the Applicant can always challenge the order dated 25 July 2014. Subject to what is observed above, we decline to entertain this Application and the same is disposed of. All contentions on merits are kept open.

(A.A. SAYED, J.) (A.S. OKA, J.) katkam 2/2