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Bombay High CourtWP/3018/2015allowed to be withdrawn

Abu Asim Azmi v. The State Of Maharashtra

2022-03-24Hon'Ble Justice Revati Mohite Dere3 pages

Digitally signed by SHAGUFTA Q PATHAN Date:

2022.03.25 15:03:22 +0530 SHAGUFTA Q PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3018 OF 2015 Abu Asim Azmi

...Petitioner

Versus

The State of Maharashtra

...Respondent

WITH CRIMINAL WRIT PETITION NO. 3020 OF 2015 Wakrunissa Jahid Ansari & Ors.

...Petitioners

Versus

The State of Maharashtra

...Respondent

Mr. Khan Javed Akhtar for the Petitioners Ms. Anamika Malhotra, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

THURSDAY, 24 th MARCH 2022 P.C. :

The aforesaid petitions have been circulated today as the petitioners are desirous of withdrawing both the aforesaid petitions. 1/3

Vide order dated 26th August 2015, both the aforesaid petitions were admitted by this Court and the hearing of these petitions was expedited.

By these petitions, the petitioners have challenged the impugned order dated 17th March 2015 passed by the learned Additional Sessions Judge, Greater Bombay in Criminal Appeal No. 1208/2014 and 1209/2014, by which the learned Judge allowed the petitioners' appeals and set-aside the judgment and order of the trial Court dated 30th April 2012 convicting and sentencing the petitioners for the offene punishable under Sections 153, 153(1)(a), 153(1)(b) r/w Section 34 of the Indian Penal Code and remitted the matter back to the trial Court for re-trial in view of the observations made in the said order.

Since the petitioners are desirous of withdrawing the aforesaid petitions, the prayer for withdrawal is allowed. Petitions are disposed of as withdrawn. Rule is discharged. 2/3

Whilst setting aside the judgment and order of conviction and sentence passed by the trial Court and remitting the matter back to the trial Court for re-trial, the learned Additional Sessions Judge expedited the trial and directed the trial Court to decide the matter expeditiously, within six months from the receipt of the record.

The trial Court to comply with the said clause i.e. clause No.4 of the order dated 17th March 2015 and decide the case as directed. REVATI MOHITE DERE, J.

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