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Bombay High CourtWP/4756/2021disposed off

Sushila Kisan Nale And ORS. v. The State Of Maharashtra And ANR.

2023-04-26Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Prakash D. Naik2 pages

1 of 2 33.wp.4756.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4756 OF 2021 Sushila Kisan Nale and others Petitioners versus The State of Maharashtra and another Respondents Mr.Vaibhav R. Gargade, Advocate for Petitioners. Ms.M.M.Deshmukh, APP, for State.

Ms.Pranali P. Railkar i/by Mr.Ajay A. Joshi, Advocate for Respondent no.2.

Mr.Bhimrao Ramchandra Gole, ASI, Temburni Police Station, Solapur (Rural), present.

CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 26th April 2023 PC :

1.

Learned APP on instructions from Mr.B.R.Gole, ASI, Tembhurni Police Station, Solapur (Rural), submitted that, after completion of investigation of present Crime i.e. FIR No.599 of 2021 registered with Tembhurni Police Station, police have filed charge sheet on 30th September 2021 in the Court of Judicial Magistrate First Class, Madha, District Solapur.

2.

In view thereof, learned Advocate for Petitioners on instructions seeks leave to withdraw present Petition with liberty to file an application for discharge as contemplated under the MANISH SURESH THATTE by MANISH SURESH THATTE Date: 2023.05.03 09:59:57 +0530 provisions of Cr.P.C, before the Trial Court.

2 of 2 33.wp.4756.2021.doc Leave and liberty granted.

3.

Petition is disposed off as withdrawn with aforesaid liberty. 4.

It is made clear that this Court has not adjudicated the issues involved in the present Petition and it is disposed off on the ground of availability of alternate remedy. The Trial Court will not get influenced by withdrawal of present Petition while deciding application for discharge, if preferred by Petitioner. (PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST