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Bombay High CourtAPL/621/2016allowed to be withdrawn at admission stage

Sandeep @ Bunty Jaywant Thakur v. Vishal Dilip Pawar And ANR

2016-06-16Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice A.S. Oka2 pages

upk apl-621-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.621 OF 2016 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr.Mahendra N.Sandhyanshiv for the Applicant Mr.Vikas Shivarkar for Respondent No.1.

Mrs.M.H.Mhatre, APP for the State.

- CORAM :

A.S. OKA & A.A.SAYED, JJ DATED :

16TH JUNE 2016 P.C.:

(Not on Board. Taken on Board) .

Heard the learned Counsel appearing for the parties. As the offence alleged is a serious offence against the society at large, we were of the opinion that in view of the law laid down by the Apex Court in the case of Gian Singh v/s. State of Punjab1, the powers under Section 482 of the Code of Criminal Procedure cannot be exercised on the basis of a private settlement.

(2012) 10 SCC 303

upk apl-621-16 2.

Learned Counsel for the Applicant seeks permission to withdraw the Application. Accordingly, the Application is disposed of as withdrawn. We, however, make it clear that we have made no adjudication on merits and all contentions on merits will remain open.

(A.A. SAYED, J) (A.S.OKA, J)