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Bombay High CourtWP/1876/2023disposed off

Danish Elyas Hingora v. State Of Maharashtra And ORS.

2023-06-06Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1874 OF 2023 Zakir Ramzan Qureshi & Ors.

..Petitioners

Versus

State of Maharashtra & Ors.

..Respondents WITH CRIMINAL WRIT PETITION NO. 1876 OF 2023 Danish Elyas Hingora ..Petitioner

Versus

State of Maharashtra & Ors.

..Respondents WITH CRIMINAL WRIT PETITION NO. 1877 OF 2023 Zakir Ramzan Qureshi & Ors.

..Petitioners

Versus

State of Maharashtra & Ors.

..Respondents WITH CRIMINAL WRIT PETITION NO. 1878 OF 2023 Zakir Ramzan Qureshi & Ors.

..Petitioners

Versus

State of Maharashtra & Ors.

..Respondents WITH CRIMINAL WRIT PETITION NO. 1879 OF 2023 Danish Elyas Hingora ..Petitioner

Versus

State of Maharashtra & Ors.

..Respondents Digitally signed by VINOD BHASKAR GOKHALE Date:

2023.06.07 14:48:25 +0530 VINOD BHASKAR GOKHALE

WITH CRIMINAL WRIT PETITION NO. 1880 OF 2023 Danish Elyas Hingora ..Petitioner

Versus

State of Maharashtra & Ors.

..Respondents __________ Ms. K. R. Shah for Petitioners in all W.Ps.

Mr. N. B. Patil, APP for State/Respondent No.1 in WP/1874/23, WP/1877/23 and WP/1878/23.

Mr. A. R. Patil, APP for State/Respondent No.1 in WP/1876/23, WP/1879/23 and WP/1880/23.

__________ CORAM : SARANG V. KOTWAL, J.

DATE : 6 JUNE 2023 PC :

1.

Learned counsel for the Petitioners submits that, she has an alternate remedy of approaching the Sessions Court challenging the order of issuance of process. She seeks liberty to withdraw these petitions and to approach the Sessions Court by way of filing revision applications against the impugned order by keeping all the contentions open. Her only concern is that, because of pendency of these petitions, the revision applications may be beyond the period of limitation.

2.

Since the petitioners have already filed these petitions

before this Court, pendency of these petitions before this Court shall be taken into consideration by the Sessions Court if and when the revision applications are filed by the applicants challenging the order which is impugned in all these petitions, for the purpose of consideration of period of limitation. If such proceedings are filed, they shall be decided in accordance with law. 3.

With this observation and liberty, the petitions are allowed to be withdrawn and disposed of.

(SARANG V. KOTWAL, J.)