Aasad Yahia Chaus And ORS v. The State Of Maharashtra And ANR

Jyoti 64-WP-4385-15 alongwith anr..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4385 OF 2015 Aasad Yahia Chaus And Ors .. Petitioners v/s.

The State Of Maharashtra And Anr .. Respondent Mr. Raju M.Yamgar a/w. Ms.Bharti Lokhande & Mr.Rajesh Kakad for the Petitioners.

Mr. J.P. Yagnik, APP for the Respondent-State. Mr. Subhash Gutte a/w. Ms.Sayali Gutte for the Respondent No.2. API Mr. S.Tate of Thane Nagar Police Station, present. CORAM : A. S. GADKARI & SHYAM C. CHANDAK, JJ.

DATE : 8th MARCH, 2024.

P.C. :

1) Learned APP on instructions from A.P.I. Mr.Tate attached to Thane Nagar Police Station submitted that, investigation of present crime JYOTI RAJESH MANE i.e. C.R.No.I-203/2015 registered with Kasarwadavali Police Station, Thane City, is completed. However, in view of Order dated 25th January 2017, by JYOTI RAJESH MANE Date:

2024.03.18 13:20:33 +0530 charge-sheet has not been filed.

2) As the Police are intending to file charge-sheet, in view of the observations made by the Hon'ble Supreme Court in para No.8 in the case of Iqbal alias Bala and Ors. Vs. State of U.P. and Ors (2023) 8 SCC 734: 2023 Online SC 949, learned counsel for the Petitioners on instructions seeks leave to withdraw the Petition with liberty to avail alternate remedy 1/2

Jyoti 64-WP-4385-15 alongwith anr..doc under the provisions of Criminal Procedure Code before the trial Court. Leave and liberty granted.

4) Disposed off as withdrawn with aforesaid liberty. (SHYAM C. CHANDAK, J.) (A. S. GADKARI, J.) 2/2