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Bombay High CourtAPL/911/2018others disposed off

Parmeshwar Sitaram Pande And ANR v. The State Of Maharashtra And ANR

2018-09-24Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice Ranjit More.2 pages

1/2 (503)APL-911-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.911 OF 2018 Parmeshwar Sitaram Pande and anr .. Applicants

Versus

The State of Maharashtra & Anr .. Respondents ...

Mr. S.H.Nimbalkar for the applicants.

Ms.Swapna Kode for respondent no.2.

Mr. K.V. Saste, APP for the State.

CORAM: SHRI RANJIT MORE & SMT. BHARATI H.DANGRE, JJ.

DATED : 24th SEPTEMBER 2018 P.C:- With the assistance of the learned counsel for the applicants, we have perused the FIR. Having considered the serious allegations in the FIR levelled against the applicant no.1, we expressed our hesitancy to quash and set aside the same against the applicant, though the respondent no.2 - the complainant has consented for quashing of the said FIR. Faced with this difficulty, the learned counsel for the applicants, on instructions from his clients, seek leave to withdraw the present criminal application. However, he Tilak

2/2 (503)APL-911-18.doc expresses that he should be granted liberty to file fresh application for quashing, qua the applicant no.2 who is the mother of the applicant no.1 and according to the learned counsel, there are no specific allegations levelled against her in the FIR.

In such circumstances, we grant liberty to initiate fresh proceedings at the instance of the applicant no.2. We however, make it clear that the said liberty is restricted only to applicant no.2.

Application is disposed of as withdrawn with liberty as above.

(SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J.) Digitally signed by Manali Prasanna Tilak Date:

2018.09.25 11:09:05 +0530 Manali Prasanna Tilak Tilak