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Bombay High CourtWP/1862/2017allowed to be withdrwan at final hearing stage

Mr. Jitendra Prabhakar Shevate And ORS v. The State Of Maharashtra

2017-07-11Hon'Ble Shri Justice A. K. Menon2 pages

503-WP-1862-2017.odt rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1862 OF 2017 Jitendra Prabhakar Shevate & Ors.

...

Petitioners vs.

The State of Maharashtra ...

Respondents Mr. Jayprakash S. Kapre for the Petitioner.

Mr. A.D. Khamkhedkar, APP for the State.

CORAM : A. K. MENON, J.

DATE : 11 th JULY, 2017 P.C.:

1.

Mentioned and taken on production board.

2.

By this Writ Petition of which urgent production was sought, it is case of the petitioner that the trial Court is to record evidence without providing the petitioner, who are accused with copies of some compact disc containing some audio/video recording. Learned Counsel for the petitioner candidly admits that no application has been made before the trial Court seeking copies. In the circumstances, learned Counsel for the applicant seeks leave to withdraw this petition with liberty to file fresh petition, if occasion arises. 1/2

503-WP-1862-2017.odt 3.

In the circumstances, I pass the following order : (i) The petition is allowed to be withdrawn subject to removal of office objections, if any, with liberty, in the event the trial Court declined to provide copies that the petitioners are otherwise entitled to any law. (ii) It is made clear if office objections are not removed, liberty granted is liable to be withdrawn.

(A. K. MENON, J.) 2/2