Gaurav Vipin Singhal And ORS v. The Senior Inspector And ORS

upk apl-1343-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1343 OF 2015 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr.Ashok B.Tajane for the Applicants.

Ms.M.H.Mhatre, APP for State.

Mr.P.A.Pol i/b Pol Legal Juris for Respondent No.3.

...

CORAM : A.S. OKA & A.A.SAYED, JJ DATED : 2 AUGUST 2016 P.C.:

.

It appears to us that the amicable settlement between the Applicants and the First Informant is not possible as of today.

2.

The charge sheet has already been filed against the Applicants. Therefore, the Applicants have a remedy available before the concerned Court. If the application made by the Applicants for discharge is rejected, the Applicants can always file appropriate proceeding for challenging the said order by raising the contentions which are raised in this Application.

upk apl-1343-15 3.

It is well settled that the remedy under section 482 of the Code of Criminal Procedure, 1973 is an extra ordinary remedy. The power under the said provision is to be exercised sparingly and in rare cases.

4.

In view of the availability of the remedy, we decline to entertain this Application.

5.

Subject to what is observed above, the Application is disposed of. All contentions on merits are kept open.

(A.A. SAYED, J) (A.S.OKA, J)