Prashant Girish Choksey v. State Of Maharashtra And ANR

23-wp-6813-21 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6813 OF 2021 Prashant Girish Choksey ..Petitioner

Versus

The State of Maharashtra & Anr.

..Respondents __________ Ms. Simran K. Rai i/b. Deshmukh Bhogle Legal Associates for Petitioner.

Mr. Arfan Sait, APP for State/Respondent No.1. Mr. Aditya R. Mokashi i/b. Rajendra B. Mokashi, for Respondent No.2.

__________ CORAM : SARANG V. KOTWAL, J.

DATE : 13 DECEMBER 2023 PC :

1.

Learned counsel for the Petitioner, on instructions, submits that the petitioner seeks permission to withdraw this petition with further liberty to approach the Court of Sessions by filing a criminal revision application to challenge the order passed by the J.M.F.C., 2nd Court, Karjat, in R.C.C.No.15 of 2018; thereby rejecting the petitioner'

s application for discharge.

2.

Learned counsel for the Respondent No.2 has no objection if such liberty is granted.

VINOD BHASKAR GOKHALE VINOD BHASKAR GOKHALE Date: 2023.12.14 14:16:47 +0530

23-wp-6813-21 3.

Considering these submissions, the petition is allowed to be withdrawn. The petitioner is at liberty to prefer revision application before the Court of Session, as referred to herein above; along with an application for condonation of delay. 4.

The revisional court shall take into account the fact that the petitioner was pursing this remedy of present petition before this Court; while considering the application for condonation of delay. The application for condonation of delay, as well as, the revision application shall be decided on their own merits, in accordance with law.

5.

The petition is disposed of.

(SARANG V. KOTWAL, J.)