Bikash Baran Biswas v. The State Of Maharashtra

SANDEEP CHITNIS Date: 2022.02.05 12:02:45 +0530 NISHA SANDEEP CHITNIS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.294 OF 2021 Bikash Baran Biswas ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Rajesh Tekale a/w Mr. Shrikant Pandhare, for the Applicant. Ms. P. P. Shinde, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 2nd FEBRUARY 2022 (THROUGH VIDEO CONFERENCING) P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the applicant has impugned the order dated 25th August 2021, passed by the learned Chief Judicial Magistrate, Raigad - Alibag, in R.C.C. No.65 of 2021, framing charge as against the applicant and other co-accused.

3.

Learned APP on instructions states, that the applicant has filed the aforesaid application in this Court seeking quashing of the order 1/3

framing charge and has also filed an application before the trial Court seeking his discharge from the said case.

4.

Learned Counsel for the applicant does not dispute filing of the discharge application before the trial Court. 5.

A perusal of para 24 prayer clause 'b' of the aforesaid application reveals that the applicant is not only seeking quashing and setting aside of the order framing charge dated 25th August 2021 but also seeking discharge in criminal proceedings bearing R.C.C. No. 65 of 2021 which is pending before the learned Chief Judicial Magistrate, Raigad - Alibag, 6.

Since the applicant has already filed a discharge application before the trial Court and the same is pending, it would be appropriate that the applicant pursue the said application seeking his discharge from the said case.

2/3

7.

Application is accordingly disposed of with liberty to pursue the discharge application before the trial Court, which is pending before it. 8.

It is made clear, that this application has not been heard on merits and as such all contentions of the applicant are kept open. 9.

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

3/3