Ashok Lalachand Lunkad v. State Of Maharashtra And ANR

4-APL-1297-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1297 OF 2023 Ashok Lalachand Lunkad ...Applicant

Versus

The State of Maharashtra & Anr

...Respondents

------------ Mr. Hrishikesh Ghorpade a/w Karan Parmar & Omkar Khedekar, i/b Siddharth Mehta, Advocate for Applicant.

Mr. Yogesh Y. Dabke, APP for State/Respondents. ------------ CORAM : SARANG V. KOTWAL, J.

DATE : 3rd NOVEMBER 2023 PC :

1.

The Applicant has challenged the order of framing of charge. Learned Counsel for the Applicant submitted that there is an alternate remedy of filing of Revision Application before the Court of Session. However, the limitation period is over and, therefore, it was not filed. This is no ground for not approaching the Court of Session. When the Court expressed this opinion, learned Counsel for the Applicant sought permission to withdraw this Application with liberty to approach the court of Session with accompanying Application for condonation of delay. Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2023.11.04 15:12:31 +0530 ASHWINI JANARDAN VALLAKATI Ashwini V

4-APL-1297-2023 2.

Permission is granted. The Application is allowed to be withdrawn with liberty to the Applicant to approach the Court of Session by filing Criminal Revision Application with accompanying Application for condonation of delay. Both these Applications be decided on their own merits in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the matter or for reason of delay. The questions are left open. 3.

With this liberty and observations, the Application is allowed to be withdrawn and is disposed of as such. (SARANG V. KOTWAL, J.)