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Bombay High CourtWP/3415/2022allowed to be withdrawn

Sumit Narndra Jain v. The State Of Maharashtra And ANR

2023-08-22Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Justice Sharmila U. Deshmukh2 pages

2023:BHC-AS:24251 Patil-SR 3415.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3415 OF 2022 Sumit Narendra Jain.

...Petitioner.

V/s.

The State of Maharashtra & Another.

...Respondents.

Mr. Ashutosh Thipasy and Mr. Anup Lahoti for the Petitioners. Mrs. Sangeeta Shinde, APP for the Respondent-State. CORAM :A.S. GADKARI & SHARMILA U. DESHMUKH, JJ.

DATE :22nd August, 2023.

P. C. :

1.

According to us, the Petitioner ought to have filed an application before the learned Metropolitan Magistrate, 70th Court or concerned Court seized of CC No.763/SS/2020 for sending the documents in question, ie., the negotiable instrument and ledger / register, to the hand-writing expert.

2.

Mr. Thipasy, learned counsel for the Petitioner therefore seeks leave to withdraw the petition with liberty to adopt the said remedy 1/ 2

Patil-SR 3415.doc before the trial Court.

Leave with liberty granted.

3.

Disposed of as withdrawn with the aforesaid liberty. (SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.) 2/ 2