Mahesh N. Shah And ORS v. The State Of Maharashtra And ANR

Osk 8-Apl-540-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 540 OF 2016 Mahesh N. Shah & Ors.

... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents Mr. Kishor Patil a/w. Ms. Rukmini Khairnar i/b. Mr. Rajeev S. Matkar for Applicants.

Mr. Vinod Chate, A.P.P. for Respondent-State. P.S.I. Mr. Vithal Pardhi, Pant Nagar Police Station. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 10th April 2024.

P.C. :

1) Learned A.P.P., on instructions from Police Sub-Inspector Mr. Vithal Pardhi, Pant Nagar Police Station, Mumbai, submitted that, the investigation of present crime is completed and chargesheet is ready to be filed. That, sufficient material is found during the course of investigation to indict the Applicants in the said crime. However, in view of Order dated 5 th May 2016, chargesheet has not been filed in the Court of competent jurisdiction. He submitted that, if this Court permits, the Investigating Agency will file chargesheet within a period of two weeks from today. The said statement is accepted.

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Osk 8-Apl-540-2016.doc 2) In view of the above, we permit the Investigating Agency to submit chargesheet in the Court of competent jurisdiction within a period of two weeks from the date of uploading of present Order on the Official website of High Court of Bombay.

3) As the police are intending to file the chargesheet, Mr.Patil, learned counsel for Applicants, on instructions, seeks leave to withdraw Application with liberty to file an application for discharge under the provisions of Criminal Procedure Code, before the trial Court. Leave and liberty granted.

4) Disposed off as withdrawn with aforesaid liberty. 5) All contentions of both the parties are kept open. ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.04.15 15:03:08 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2