Sandeep Walekar And ANR v. The State Of Maharashtra

16. WP 3433-2021.doc by RUPALI RAJESH WAKODIKAR Date:

2022.01.19 16:36:05 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3433 OF 2021 Sandeep Walekar and Anr.

...Petitioners

Versus

The State of Maharashtra

...Respondent

Mr. C.J.Doveson for the Petitioners.

Mrs. Veera Shinde, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J.

DATE : 18 th JANUARY, 2022 (Through Video Conferencing) P.C. :

1.

Heard learned Counsel for the Petitioners.

2.

Learned Counsel for the petitioners fairly states that during the pendency of the aforesaid petition, the petitioners have also filed an application (Exhibit - 7) seeking similar reliefs including interim relief as sought for in this petition, in the Trial Court on 29th December, 2021, i.e. Criminal Miscellaneous Application No. 1357 of 2021 (Exhibit - 7). Wakodikar 1/2

16. WP 3433-2021.doc 3.

Since the petitioners have filed an application (Exhibit - 7) in the Trial Court seeking the very same reliefs as sought for in this petition, it will be appropriate that the petitioner pursue the application (Exhibit - 7) filed in the Trial Court. Accordingly, the aforesaid petition is disposed of with a direction to the Trial Court to dispose of the said application (Exhibit - 7) within four weeks from the date of receipt of this order. 4.

All contentions of the petitioners raised in this application are kept open.

5.

It is made clear that this application has not been heard on merits.

6.

All parties to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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