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Bombay High CourtAPPLN/797/2022dismissed

Heeralal Kanhaiyalal Vaishnav v. The State Of Maharashtra

2022-03-21Hon'Ble Shri Justice V.K. Jadhav,Hon'Ble Shri Justice Sandipkumar C. More1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 38 CRIMINAL APPLICATION NO.797 OF 2022 HEERALAL KANHAIYALAL VAISHNAV

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Vikas Rathi h/f Sk Ashraf Patel APP for Respondents : Mr. R V Dasalkar ...

CORAM : V.K. JADHAV & SANDIPKUMAR C. MORE, JJ. Dated: March 21, 2022 ...

PER COURT :- 1.

By order dated 15.3.2022 we have already observed that criminal application suffers from delay and laches. The applicants are seeking quashing of the FIR bearing No.427 of 2016 registered with Shivaji Nagar Police Station, Dist. Latur and consequential fling of the charge-sheet no.20 of 2017 dated 9.3.2017 vide Special Case (MPID) no.2 of 2017. We have stated in our order that we are not inclined to entertain this criminal application fled after a gap of fve years. 2.

Though, the learned counsel for the applicants has tried to make the submissions on merits, however, we are not inclined to entertain this criminal application. The applicants are at liberty to fle an application for discharge before the trial court, if the charge is not framed, and trial is not commenced. Criminal application is hereby dismissed. ( SANDIPKUMAR C. MORE, J. ) ( V.K. JADHAV, J. ) ...

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