Aslam Alamgir Bardi v. The State Of Maharashtra And ORS.

Osk 63-Wp-3659-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3659 OF 2019 Aslam Alamgir Bardi ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Mr. Sandeep Mishra for Petitioner.

Mr. Ajay Patil, A.P.P. for Respondent-State.

CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ.

DATE : 13th June 2023.

P.C. :

1.

Learned Advocate for Petitioner, on instructions, seeks leave to withdraw present Petition with liberty to adopt alternate remedy, as contemplated under Section 173(8) of Criminal Procedure Code, i.e. to file an application for further investigation before the Trial Court, if the trial is not concluded.

Leave and liberty granted.

2.

Disposed off as withdrawn with aforesaid liberty. 3.

If such an application is filed by the Petitioner, the learned Trial Court is directed to consider the same on its own merits and as per the provisions of law.

[ SHIVKUMAR DIGE, J. ] [ A.S. GADKARI, J. ] 1/1