Shamshad Mustafa Khan v. The State Of Maharashtra And ANR

1 / 2 42-WP-4647-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4647 OF 2022 Shamshad Mustafa Khan

...Petitioner

Versus

The State of Maharashtra & Anr

...Respondents

--------- • Mr. Pratik Karande, i/b Mr. Salman Khan, for the Petitioner. • Dr. Nilesh Pawaskar with S.I. Kantharia, for Respondent No.2. • Mrs. A.R. Patil, APP, for the State/Respondent No.1. ---------

CORAM

: SARANG V. KOTWAL, J.

DATE : 14th JULY 2023 P.C. :

1.

Learned Counsel for the Petitioner states that he has not exhausted the remedy of approaching the Court of Sessions, challenging the order of issuance of process. He seeks liberty to Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2023.07.18 11:22:28 +0530 withdraw this application and prefer Revision Application before ASHWINI JANARDAN VALLAKATI the Court of Sessions.

2.

Considering this submission, the Petition is allowed to be withdrawn with liberty to the Petitioner to approach the Court of Sessions to challenge the impugned order of issuance of process. In case the question of limitation arises, the fact that Ashwini V

2 / 2 42-WP-4647-2022.odt the Petitioner was pursuing his remedy before this Court by way of present Petition, shall be taken into account. 3.

With these observations, the Petition is disposed of. (SARANG V. KOTWAL, J.)