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Bombay High CourtWP/4486/2016others disposed off

Shilpa Sharad Teredesai And ORS v. The State Of Maharashtra And ANR

2019-02-08Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari1 pages

rsk 1/1 31-WP-4486-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4486 OF 2016 Shilpa Sharad Teredesai and Ors.

...Petitioners

vs.

The State of Maharashtra and Anr.

...Respondents

---- Ms. Shubhada D. Khot a/w Mr.Aditya Lesaria for the Petitioners. Mr. K. V. Saste, APP for Respondent/State.

Ms. Snehal Khairnar for the Respondent.

---- CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 8/02/2019.

P.C.:

.

Learned counsel for respondent pointed out that the petitioners should have approached the trial Court with their prayer. The contention of the petitioners is that the accused in C.C. No.223/PW/2005 has expired in 2016 and the attachment under section 102 of Cr.P.C. cannot now survive.

2.

During hearing we find that apart from deceased there are other accused persons and as such in this jurisdiction and at this stage, we find it not appropriate to go into merits of the controversy. Entire chargesheet is available with the trail Court and hence with liberty to the petitioners to move that Court with appropriate request and keeping all contentions open, we dispose of the present matter. No costs. (REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J.)