Mohammed Idris Abdul Jabbar Khatri And ORS v. Mohammed Shafi Qureshi And ORS

Dond 1/2 apl.981-2015.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 981 OF 2015 ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. Amin Solkar for Applicants.

Mr. Abhay Patki for respondent No.1.

Ms. P.P. Bhosale, APP for State.

CORAM : A.S. GADKARI, J.

DATE : 20th July 2016.

P.C.:

1) By the present application filed under Section 482 of Cr. P.C., the applicants have questioned the correctness of issuance of notice dated 12.11.2014 by the Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai in case No.1319/N/2014 under Section 145 of Cr. P.C., for conducting preliminary enquiry.

2) Since the applicants have challenged the aforesaid notice dated 12.11.2014 which is for conducting preliminary enquiry, I am not inclined to grant any relief in the present application.

3) The learned counsel for the applicants therefore on instructions seeks leave to withdraw the present application with liberty to agitate all the contentions before the concerned Magistrate who is seized of case bearing No.1319/N/2014.

Dond 1/2 apl.981-2015.sxw 4) Leave and liberty granted.

5) Application is dismissed as withdrawn.

6) Since the proceedings under Section 145 of Cr. P.C. are pending on the file of the concerned Magistrate from year 2014, the learned Magistrate seized of case bearing No.1319/N/2014 to make endevour to dispose of the said proceedings as expeditiously as possible and preferably on or before 31st t December 2016.

(A.S. GADKARI, J.)