Ashok B. Jiwrajka v. The State Of Maharashtra

H. C. Shiv 19.w3820.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3820 OF 2016 Ashok B. Jiwrajka .. Petitioner vs.

The State of Maharashtra .. Respondent Mr. Karan Kadam with Mr. Ankit Pandey for the Petitioner. Mr. J. P. Yagnik APP for the Respondent-State. CORAM: A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 9th FEBRUARY, 2024 P. C.:- 1) Mr.Yagnik, learned APP on instructions submitted that, during pendency of present Petition, the police have completed the investigation and filed the charge-sheet in the Court of Judicial Magistrate First Class, 6th Court, Belapur, Navi Mumbai and the same is numbered as R.C.C.No.561 of 2017. He further submitted that as a matter of fact the Petitioner has also filed an Application for discharge, before the trial Court. That the arguments in the said Application are already concluded and written submissions are also filed on 4th February 2024.

2) As the Petitioner has already availed alternate remedy, we are by HEMANT CHANDERSEN SHIV Date:

2024.02.15 05:32:15 +0530 not inclined to entertain present Petition and it is accordingly, disposed off. HEMANT CHANDERSEN SHIV 1/2

H. C. Shiv 19.w3820.16.doc 3) In view of aforestated fact that the arguments in discharge Application filed before the trial Court have already been concluded and written arguments are filed on 4th February 2024, we direct the Judicial Magistrate, First Class, Belapur seized of R.C.C.No.561 of 2017 to dispose off the said Application within a period of two weeks from the date of receipt of present Order.

4) Petition is disposed off in the aforesaid terms. (SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 2/2