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Bombay High CourtIA/288/2022disposed off

Amit Alias Rinku S/O Govindprasad Agrawal v. The State Of Maharashtra

2022-02-02Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Anil S. Kilor2 pages

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19. ia 288-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 288 OF 2022 IN CRIMINAL APPLICATION NO. 588 OF 2021 Mr.Amit alias Rinku s/o. Govindprasad Agrawal ...Applicant vs.

The State of Maharashtra

...Respondent

Mr.Shyam Dewani with Chirag Chanani i/b. Dewani Associates for Applicant.

Ms.Sangeeta D. Shinde, APP for State.

CORAM : PRASANNA B. VARALE & ANIL S. KILOR, JJ.

DATED : 2 FEBRUARY 2022 P.C. :

.

Heard Mr.Dewani, learned Counsel appearing for the Applicant.

2.

Mr.Dewani submitted that though initially while filing the application, the principal prayer made in the application was for quashment of the FIR, subsequently, the Applicant thought it fit to amend the application on the backdrop of the fact that the chargesheet is already filed in the matter and accordingly, filed an interim application for amendment to the application by substituting the original prayer. 3.

Perused the application, i.e. Interim Application No.288 of 2022. As it is admitted position that the chargesheet is filed in the matter and the Applicant had raised substantial ground in the application, the 1 / 2 Digitally signed by SANSKRUTI A THAKUR Date:

2022.02.04 14:14:13 +0530 SANSKRUTI A THAKUR

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19. ia 288-2021 proposed amendment would not change the tenor of the application. Accordingly, the interim application is allowed in terms of prayer clause (a). The Applicant is permitted to amend the application within one week. 4.

On carrying out the amendment, issue notice to the Respondent. Learned APP waives notice for the sole Respondent and pray for some time to take instructions so as to submit report and the reply to the Applicant. Two weeks time is granted to the learned APP. 5.

Post the application for further consideration after three weeks. Needless to state that the amended copy of the application be supplied to the learned APP.

6.

S.O. to 22 February 2022.

(ANIL S. KILOR, J.) (PRASANNA B. VARALE, J.) 2 / 2