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Bombay High CourtWP/4450/2021disposed off

Sadashiv Tukaram Khanvilkar And ANR v. The State Of Maharashtra And ANR

2023-04-05Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik1 pages

36.WP.4450.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4450 OF 2021 Sadashiv Tukaram Khanvilkar and another Petitioners versus The State of Maharashtra and another Respondents Mr.Shanu @ Sanjay T. Raikar, Advocate for Petitioners. Mr.S.S.Hulke, APP, for State.

Mr.A.V.Vijay Kurle with Mr.Samkit Shah, Advocate for Respondent no.2.

CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 5th April 2023 PC :

1.

Admittedly in the present case, after completion of investigation police have submitted charge sheet in the Court of 65th Metropolitan Magistrate, Andheri, Mumbai having C.C.No.908 of 2022.

2.

In view thereof, Petitioners are having substantive alternate remedy available by way of filing an application for discharge or of contesting trial as contemplated under the provisions of Cr.PC before the trial Court.

3.

Petition is accordingly disposed off by reserving said remedy in favour of Petitioners.

(PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST by SAJAKALI LIYAKAT JAMADAR Date:

2023.04.11 11:11:34 +0530 SAJAKALI LIYAKAT JAMADAR