Karbhari Vishwanath Bade v. Union Of India And ORS

Sherla V.

wp.4485.2017_11.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4485 OF 2017 Kharbhari Vishwanath Bade ... Petitioner Vs Union of India at the instance of Central Bureau of Investigation & Ors.

... Respondents Mr.V.B. Tiwari for the Petitioner Ms.Ameeta Kuttikrishnan for Respondent No.1 Mr.N.B. Patil, APP, for the Respondent - State CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: MARCH 12, 2019 P.C.:

1.

Mr.Tiwari, appearing for the petitioner, submits that this petition was filed before framing of charge and thereafter, charge is framed and the evidence has proceeded and, therefore, the matter is to be heard. He further submits that my predecessor Hon'ble Mr.Justice P.D. Naik was ready to hear the matter. 2.

The learned Counsel for Respondent No.1 / CBI informs the Court that in this case, charge has been framed on 29.10.2018. In this case, the charge has been framed on 29.10.2018 under

wp.4485.2017_11.doc sections 420, 471, 467, 468 of the Indian Penal Code and under section 13(1)(d) of the Prevention of Corruption Act. She submits that PW1 - Branch Manager of the United Bank of India has been examined. His examination is complete and now, the matter is fixed on 26.3.2019 for examination of PW2.

3.

As the evidence of PW1 is already on record, I am of the view that this Petition for discharge cannot be considered and the Writ Petition has become infructuous. Accordingly, the petition is disposed of as infructuous.

(MRIDULA BHATKAR, J.)