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Bombay High CourtAPL/788/2016others disposed off

Narendra Darbar Singh And ORS v. The State Of Maharashtra And ANR

2018-04-26Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice R.M. Savant.2 pages

Dusane 1 914 apl 787-788.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.787 OF 2016 Lt. Commander Rajesh C. Sasidharan ...

Applicant

Versus

The State of Maharashtra & Anr.

...

Respondents ALONGWITH CRIMINAL APPLICATION NO.788 OF 2016 Narendra Darbar Singh & Ors.

...

Applicants

Versus

The State of Maharashtra & Anr.

...

Respondents Mr. A.S. Khandeparkar a/w Ms. Apoorva A. Khandeparkar for the Applicants.

Mrs. A.S. Pai with Mrs,. P.P. Shinde, Additional P. P. for State. Mr. U.S.R. Singh for Respondent no.2.

Smt. Lata Sambhaji Donde, ACP., Mr. Sanjay S. Karambe, Senior PI, Yellowgate Police Station present. CORAM :- R. M. SAVANT & SARANG V. KOTWAL, JJ.

DATE :- 26TH APRIL, 2018 P. C. :- The learned Additional PP, on instructions, informs us that the status report, which is filed before the concerned learned Magistrate would be sought to be amended by filing an application to the effect that the said status report be treated as a closure report in

Dusane 2 914 apl 787-788.doc view of the fact that the Central Government has refused to grant sanction. In view of the said statement, if an application to the effect stated by the learned Additional PP is filed, undoubtedly the learned Metropolitan Magistrate would be required to follow a particular course of action either accepting the closure report or rejecting it. The learned Metropolitan Magistrate may expedite the process and complete the same latest by 30th June, 2018. It would be contingent upon the decision that would be rendered by the learned Metropolitan Magistrate that the future course of action can be adopted by the respective parties. It is, therefore not necessary to keep the above applications pending, in view of the fact that the investigating agency proposes to convert the status report into a closure report, as then the cause of action for filing the above Criminal Applications do not survive. The Criminal Applications are accordingly disposed of with liberty to the parties to avail of the appropriate remedy if the occasion so arises.

(SARANG V. KOTWAL, J.) (R. M. SAVANT, J.)