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Bombay High CourtWP/2794/2011rule discharged

Shivanarayan S/O Radhakant Jha And ANR v. The State Of Maharashtra And ANR

2017-03-22Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice A.S. Oka2 pages

Megha 901_wp2794_2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2794 OF 2011 Shivanarayan S/o. Radhakant Jha & Anr.

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

.....

Mr. Umesh R. Mankapure for the Petitioners.

Mr. K.V. Saste, APP for the Respondent No.1-State. CORAM : A.S. OKA & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 22nd MARCH, 2017.

P.C.:- Forthwith taken up for final hearing. Perused the prayer clauses (c) and (d). Our attention is invited to the order dated 21st October, 2016 in Criminal Application No.471 of 2015 (in Shreyas Shivnarayan Jha & Ors. vs. State of Maharashtra and Anr.). Clause (i) of paragraph No. 5 of the said order dated 21st October, 2016 as amended on 29th November, 2016 reads thus :

"i) Rule is made absolute in terms of prayer clause (a) which reads thus:

(a) The entire proceedings in F.I.R. at I-298 of 2011 registered at Mira Bhayandar Police Station and Criminal Case being RCC No.1631/2012 pending before the Megha 1/2

Megha 901_wp2794_2011.doc J.M.F.C. Thane by the Respondent No.2 against the Applicants, may kindly be quashed and set aside." 2.

Thus, the First Information Report in its entirety and the charge sheet filed therein have been already quashed by the order dated 21st October, 2016 as modified on 29th November, 2016. Hence, nothing survives and the same is disposed of. Rule is discharged. (ANUJA PRABHUDESSAI, J.) (A.S. OKA, J.) Megha 2/2