Ravindra S/O Khakhani Adhikari v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.262 OF 2016 Ravindra s/o Khakhani Adhikari, Age-36 years, Occu:Medical Practitioner, R/o-Yeldari (Murumkheda), Tq-Jintur, Dist-Parbhani.

...PETITIONER

VERSUS

The State of Maharashtra, (Through P.I., Jintur Police Station), and others.

...RESPONDENTS ...

Mr.P.S. Paranjape Advocate for Petitioner.

Mr.A.R. Borulkar, A.P.P. for Respondent Nos.1 and 2.

Mr.S.K. Kadam Advocate for Respondent No.4.

...

CORAM: S.S. SHINDE AND V.K. JADHAV, JJ.

DATE : 30TH SEPTEMBER, 2016 ORDER :

1.

Present Petitioner earlier filed Criminal Application No.4828 of 2014 (Ravindra s/o Khakhani Adhikari vs. State of Maharashtra and another).

The said Application along with other connected Applications, was withdrawn by the counsel for the Applicant on instructions and by order dated 30th March 2015 the said Applications were disposed of as withdrawn, including Criminal Application No.4828 of 2014 filed by the present Petitioner. 2.

The counsel appearing for the Petitioner fairly concedes that in the said earlier Application also exception was taken to the F.I.R. bearing 3034 of 2014 lodged by Jintur Police Station on 29th April 2014, which is the subject matter of the present Petition as well.

3.

The contention of the counsel appearing for the Petitioner that Petitioner has now got proper legal advise and therefore now on different grounds this Petition is filed, cannot be countenanced. The Petitioner, who was applicant in Criminal Application No.4828 of 2014, ought to have prayed for liberty to file another

Application/ Petition while seeking permission to withdraw said Criminal Application No.4828 of 2014.

4.

In absence of seeking such liberty at the relevant time, in view of disposal of Criminal Application No.4828 of 2014 since it was withdrawn, we decline to entertain this Petition. This Petition stands rejected.

[V.K. JADHAV, J.] [S.S. SHINDE, J.] asb/SEP16