Nirav Mahendra Gandhi And ORS v. The State Of Maharashtra And ANR

apl-1517.16.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1517 OF 2016 Nirav M. Gandhi & Ors.

... Applicants Vs.

The State of Maharashtra & Ors.

... Respondents WITH CRIMINAL APPLICTION NO.28 OF 2017 IN CRIMINAL APPLICATION NO.1517 OF 2016 Bhavik Ashok Kothari & Ors.

... Applicant In the matter between (Intervenor) Nirav M. Gandhi & Ors.

... Applicants Vs.

The State of Maharashtra & Ors.

... Respondents Mr. A.R. Behere i/by Mr. Rajendra J. Rathod for the Applicant. Mr. Gaurang Jhaveri for Intervenor in APPP/28/2017. Mrs. S.V. Sonawane, APP for Respondent No.1.

Mr. Girish Kulkarni for the Respondent No.2.

CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

DATE : 12th JANUARY, 2017 P.C.

It is not in dispute that charge sheet has been filed on 10th January, 2017.

apl-1517.16.odt Therefore, we decline to entertain this application under Section 482 of the Code of Criminal Procedure, 1973 for quashing the First Information Report. However, remedy of the applicant as regards charge sheet is kept open. All contentions on merits are kept open. Application is accordingly disposed of. Application No.28 of 2017 does not survive and the same is disposed of.

(ANUJA PRABHUDESSAI, J) (A.S. OKA, J)