Arun Hanmant Kale And ANR v. The State Of Maharashtra

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2021.09.22 13:54:03 +0530 sg 1/2

5. wp4180-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4180 OF 2013 Arun Hanmant Kale And Anr.

..

Petitioners v/s.

The State of Maharashtra ..

Respondent ....

Mr. Piyush Toshnival, i/b. Mr. Vivek Arote, for the Petitioners. Mrs. P.P. Shinde, APP, for State.

....

CORAM: NITIN JAMDAR & G.A. SANAP, JJ.

DATE : 20 SEPTEMBER 2021.

P.C:- This petition is filed for quashing FIR No.239 of 2013. Initially, at the time of production, an ad-interim relief was granted in favour of the Petitioners on 19 December 2013 that though investigation will continue, charge-sheet should not be filed without permission of the Court. Thereafter, on 17 February 2014, when the matter came up on board, the Division Bench vacated the ad-interim order.

2.

Thereafter, the petition is pending for admission. Now when the petition is called out, the learned Counsel for the Petitioners

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5. wp4180-13.doc states that he just been instructed to argue the matter and vakalatnama is filed.

3.

Considering the fact that the petition is simply kept by the Petitioners without any effort to get any interim order for last seven years, we are not inclined to exercise the writ jurisdiction. The Petitioners can apply to the trial court for necessary orders. The writ petition is, accordingly, disposed of. The contentions of the Petitioners are kept open.

(G.A. SANAP, J.) (NITIN JAMDAR, J.)