Khairunissa Akbar Shaikh v. The State Of Maharashtra
APPP.813.2014 FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.813 OF 2014 IN CRIMINAL APPLICATION NO.249 OF 2014 Smt.Khairunissa Akbar Shaikh Applicant versus The State of Maharashtra Respondent Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Suvarna Avhad Vast for applicant.
Dr.F.R.Shaikh for State.
CORAM : A.S.OKA AND P.D.NAIK, JJ.
DATE : 21st March 2016 PC :- Heard learned counsel for the Applicant and learned APP for the State. Criminal Application for quashing filed by the Applicant has been dismissed for non prosecution as none appeared for the Applicant. Perused the application. Sufficient cause for restoration is made out. Criminal Application No.813 of 2014 is allowed in terms of prayer clause (b).
(P.D.NAIK, J.) (A.S.OKA, J.) MST
APPP.813.2014 FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.249 OF 2014 Smt.Khairunissa Akbar Shaikh Applicant versus The State of Maharashtra Respondent Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Suvarna Avhad Vast for applicant.
Dr.F.R.Shaikh for State.
CORAM : A.S.OKA AND P.D.NAIK, JJ.
DATE : 21st March 2016 PC :-
1. Prayer in this criminal application under section 482 of the Code of Criminal Procedure, 1973 (for short`Code') is for challenging the charge sheet. It is well settled that the remedy under section 482 of the Code is not as a matter of right. Power under section 482 of the Code has to be exercised sparingly. In this case, a remedy of making an application for discharge is available to the Applicant. Hence, we decline to entertain this application. The application is disposed of by granting liberty to the Applicant to adopt suitable remedy.
(P.D.NAIK, J.) (A.S.OKA, J.) MST