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Bombay High CourtAPPW/415/2019others disposed off

Rajkiran Jaywant Maskar v. The State Of Maharashtra And ANR.

2019-08-08Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice Ranjit More.2 pages

905.APPW.415.19..doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.415 OF 2019 IN CRIMINAL WRIT PETITION NO.1815 OF 2019 Rajkiran Jaywant Maskar .....Applicant

Versus

The State of Maharashtra & Anr.

.....Respondents Mr. S.S. Kamble, Advocate for the Applicant.

Mr. K.V. Saste, APP for the Respondent State. CORAM :

RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 8th AUGUST, 2019.

P. C. :

1.

The Writ Petition was disposed of by an order dated 3rd July, 2019. The prayer was made absolute in terms of prayer clause (a). However, inadvertently the petitioner has mentioned the Special Case No.289 of 2019, whereas the correct number is Special (POCSO) Case No.14 of 2019.

2.

In light of the said error which is crept, the learned counsel for the petitioner seeks leave to amend the prayer clause. In the fitness of things, though we have disposed of the writ petition, we grant such liberty and permit the petitioner to amend the prayer.

AGP 1/2

905.APPW.415.19..doc 3.

Consequently, first line of paragraph 3 of the order dated 3rd July, 2019 would read thus:

"The petition is filed for quashing and setting-aside the proceedings of Special (POCSO) Case No.14 of 2019 pending on the file of the Special Judge at Islampur, District - Sangli."

4.

However, 5th line of paragraph 8 of the said order would read thus: "We, accordingly, quash and set aside the proceedings of Special (POCSO) Case No.14 of 2019 pending on the file of the Special Judge at Islampur, District - Sangli and arising out of registration of FIR bearing C.R.No.184 of 2018 with Shirala Police Station" 5.

Order be corrected accordingly.

6.

The Civil Application stands disposed off.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] AGP 2/2