Jaykumar Kondumal Tekwani And Another v. The State Of Maharashtra And Another

2024:BHC-AUG:4223-DB 1 cri appln 801.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 801 OF 2024 Jaykumar Kondumal Tekwani and another .. Applicants

Versus

The State of Maharashtra and another .. Respondents Shri S. S. Kazi, Advocate for the Applicants. Shri M. M. Nerlikar, Addl.P.P. for the Respondent No. 1. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 28 FEBRUARY 2024.

FINAL ORDER :

.

Heard. This is a gross abuse of process of the Court. 2.

Apart from the fact that the extraordinary powers of this Court U/Sec. 482 of the Code of Criminal Procedure are being invoked after more than thirteen years of filing of charge sheet, already a similar attempt was made by filing Criminal Application No. 1312 of 2012. By the order dated 30 April 2013 on instructions the learned advocate for the applicant had withdrawn the application with liberty to apply for discharge. It was granted. As is being informed no attempt was made to file any application seeking discharge and again this is an application seeking quashment of the crime.

2 cri appln 801.24 3.

Irrespective of the reasons being assigned on behalf of the applicant by the learned advocate, the aforementioned facts are sufficient enough for us to refuse to entertain the application and rather impose cost.

4.

The criminal application is dismissed with cost of Rs. 20,000/- (Rs. Twenty thousands only), which is to be deposited within a period of two (02) weeks from today in this Court. [ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/Feb. 24