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Bombay High CourtWP/5367/2017others disposed off

Dheeraj Tukaram Mhatre v. The State Of Maharashtra And ANR

2019-01-16Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

wp.5367.17.48.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5367 OF 2017 Dheeraj Tukaram Mhatre

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

None for the Petitioner Dr. F. R. Shaikh, A.P.P for the Respondent No.1-State CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

WEDNESDAY, 16 th JANUARY 2019 P.C. :

Nobody for petitioner even on second call.

Learned A.P.P points out that prayer is to quash RCC registered in 2012 vide RCC No. 386/2012 in the Court of Judicial Magistrate First Class-3, Kalyan. He also points out that an application for discharge was moved by petitioner vide Exhibit 41 and it was rejected by a speaking order on 16th April 2013. In this situation, it is apparent that petitioner should have challenged that order within reasonable time before appropriate forum. SQ Pathan 1/2

wp.5367.17.48.doc We are not inclined to intervene in the extraordinary jurisdiction in this petition, which is filed on 21st December 2017. Rejected.

REVATI MOHITE DERE, J.

B. P. DHARMADHIKARI, J.

SQ Pathan 2/2