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Bombay High CourtWP/4130/2022allowed to be withdrawn

Sitabai Ananta Madhavi And ANR v. Vinaykumar Digambar Patkar And ANR

2023-09-27Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Justice Sharmila U. Deshmukh2 pages

2023:BHC-AS:28845-DB CAJ 9-Wp-4130-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4130 OF 2022 Sitabai Ananta Madhavi And Anr.

... Petitioners V/s.

Vinaykumar Digambar Patkar And Anr.

... Respondents Mr. Vivek Joshi i/b Mr. Vikas Shirvarkar for Petitioners. Ms. Swapna Kode for Respondent No.1.

Mr. J. P. Yagnik, APP for Respondent No.2-State. Mr. Suresh P. Madane, PI, Manpada Police Station, Dombivli, District Thane. CORAM : A.S. GADKARI AND SHARMILA U. DESHMUKH, JJ.

DATE : 27th SEPTEMBER, 2023.

P.C. :

1) Learned APP tendered across the bar Affidavit of Shri. Suresh P. Madane, Police Inspector attached to Manpada Police Station, Dombivli, District Thane. The same is taken on record.

1.1) In para No.6 thereof, it is stated that, Police have submitted charge-sheet in the Court of Judicial Magistrate First Class, 3rd Court, Kalyan, District Thane on 11th September, 2023. That, further investigation under Section 173(8) of the Cr.P.C. is being conducted by the Investigating Agency.

2) In view of the fact that Police have submitted charge-sheet, learned counsel for Petitioner seeks leave to withdraw the Petition with 1/2

CAJ 9-Wp-4130-2022.odt liberty to avail alternate remedy under the provisions of Cr.P.C., before the trial Court.

Leave and liberty granted.

3) Petition is disposed off as withdrawn with aforesaid liberty. (SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.) 2/2