Uttam Kailashchand Tibrewal v. The State Of Maharashtra And ANR

ssm 1 44-wp4824.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4824 OF 2017 Uttam Kailashchand Tibrewal .....Petitioner Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. A.M. Saraogi for the Petitioner.

Ms. G.P. Mulekar APP, for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 15th MARCH, 2023.

P.C.:- Mr. Saraogi, learned Advocate for the Petitioner on instructions submitted that, the Petitioner would avail alternate remedy by filing application under Section 239 of the Code of Criminal Procedure for discharge, before the trial Court. He therefore seeks leave to withdraw the present Petition to pursue the remedy available to the Petitioner. Leave and liberty granted.

2) Writ Petition is disposed off as withdrawn, with the aforesaid liberty.

1/2

ssm 2 44-wp4824.17.doc 3) It is needless to mention that, this Court has not adjudicated the merits involved in the present Petition and it is disposed off on the basis of submissions made by the learned Advocate for the Petitioner pertaining to the availability of alternate remedy.

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) SANJIV SHARNAPPA MASHALKAR Date: 2023.03.20 17:41:38 +0530 SANJIV SHARNAPPA MASHALKAR 2/2