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Bombay High CourtWP/3616/2016others disposed off

Yunus Habibbhai Memon v. The State Of Maharashtra

2018-12-18Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice B.R. Gavai2 pages

34-WP-3616-2016.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3616 OF 2016 Mr. Yunus Habibhai Memon ... Petitioner V/s.

The State of Maharashtra ... Respondent Mr. Yunus H. Memon, Petitioner in Person present. Mr. J.P. Yagnik, APP for Respondent - State.

CORAM:

B.R. GAVAI, & RIYAZ I. CHAGLA, JJ.

DATE:

18TH DECEMBER, 2018.

PC:- 1.

By this Petition the Petitioner seeks setting aside and quashing of first information report and chargesheet filed before the Sessions Court. However, in view of the orders passed in this Petition, the proceedings before the learned Trial Court were stayed. We find that since now by an order passed of even date, there should be no impediment to the learned Sessions Judge in considering the application made by the present Applicant for discharge.

2.

The present Petition is, therefore, rejected relegating the Petitioner to file a fresh application for discharge before the learned Sessions Judge. If such application is made, the learned 1/2

34-WP-3616-2016.DOC Sessions Judge is directed to consider and decide the same as expeditiously as possible.

( RIYAZ I. CHAGLA J. ) (B.R. GAVAI,J.) 2/2