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Bombay High CourtAPPP/1017/2016others disposed off

Praveen S/O Devram Shinde And ANR v. The State Of Maharashtra

2017-03-29Hon'Ble Justice Revati Mohite Dere2 pages

appp.1017.16.32.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1017 OF 2016 IN CRIMINAL APPLICATION NO. 728 OF 2015 Praveen s/o Devram Shinde & Anr.

...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Ranjeet Patil i/b Mr. Prashant D. Patil for the Applicants Ms. Rutuja Ambekar, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 29 th MARCH, 2017 P.C. :

1.

Head learned Counsel for the parties.

2.

By this application, the applicants seek modification of the order dated 1st December, 2015 by which the applicants were directed to mark their presence at Murbad Police Station on alternate Saturday between 11:00 a.m. to 2:00 p.m., till the conclusion of the trial. 3.

Learned Counsel for the applicants states that the applicants have filed Criminal Application No. 341 of 2015 in this Court seeking quashing of the FIR. He states that the Division Bench of this Court (Coram : R. V. More & Anuja Prabhudessai, JJ.) vide order dated 15th April, SQ Pathan 1/2

appp.1017.16.32.doc 2015 issued notice to the respondent No. 2 and directed that the chargesheet shall not be filed without the leave of the Court. He submits that subsequently the Division Bench of this Court (A. S. Oka and A. A. Sayed, JJ.) was pleased to grant rule in Criminal Application No. 341 of 2015 and the ad-interim relief which was granted on 15th April, 2015 was to continue to operate as an interim relief pending the hearing and final disposal of the said application.

4.

Perused the papers. It is not in dispute that the applicants have filed Criminal Application No. 341 of 2015 seeking quashing of the FIR and that by way of interim relief, the direction is not to file charge-sheet without the leave of the Court.

5.

In view of the aforesaid, the order dated 1st December, 2015 is relaxed inasmuch as, the applicants are not required to attend the concerned Police Station as directed vide order dated 1st December, 2015. 6.

Application is disposed of on the aforesaid terms. REVATI MOHITE DERE, J.

SQ Pathan 2/2