Sushil Kamalkar Ardekar v. State Of Maharashtra And ANR

DAE 61-APL-598-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 598 OF 2022 Sushil Kamalkar Ardekar ...Applicant

Versus

State Of Maharashtra And Anr

...Respondents

Mr. M. A. Khan Advocate for Applicant.

Mr. Varun Kesharia i/by Mr. Mukesh Badsiwal for Respondent No.2.

Mrs. G. P. Mulekar, APP for Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

by DNYANESHWAR ASHOK ETHAPE Date: 2023.04.15 16:53:52 +0530 DNYANESHWAR ASHOK ETHAPE DATE : 10th APRIL 2023.

P.C.:- 1.

Admittedly, after completion of investigation police have submitted charge-sheet in the present crime.

In view thereof, Applicant is having substantive alternate remedy either by way of filing an Application for discharge and/or to contest the said case arising out of C.R. No.174 of 2022 dated 3rd April 2022 registered with Ghatkopar Police Station, Mumbai, under Sections 376(2)(N) of Indian Penal Code and Sections 4, 8, 12 of the Protection of Children from Sexual Offences Act, 2012.

2.

Learned Advocate for Applicant therefore seeks leave to withdraw present Application with liberty to adopt the said substantive alternate remedy available under the provisions of Cr.P.C. 1/2

DAE 61-APL-598-2022.doc Leave and liberty granted.

3.

Application is disposed off as withdrawn with aforesaid liberty. (PRAKASH D. NAIK, J.) (A. S. GADKARI, J.) 2/2