Laxman S/O Rangnath Jadhav And ORS v. The State Of Maharashtra And ANR

1 APPLN1272.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO. 1272 OF 2015 Laxman S/o. Rangnath Jadhav & Ors.

... Applicants

VERSUS

The State of Maharashtra & Anr.

... Respondents ..........

Mr Swapnil D. Tawshikar, Advocate for the petitioners Mr M. M. Nerlikar, APP for respondent/State .............

CORAM : A. B. CHAUDHARI & INDIRA K. JAIN, JJ.

DATE : 12TH OCTOBER, 2015.

PER COURT:

.

Learned Counsel appearing on behalf of the respective parties are ad idem on the question of holding a valid license by the applicants. Ld. Counsel for the applicants contended that, in the wake of he having the valid license for holding explosives though cause of action arose either for making investigation or filing the charge-sheet but, the charge-sheet has been eventually filed. He then submits that, at the same time, the applicant would require the order for disposal of the property to be made in their favour. Though, in view of the admission made by the respondent that the applicants are the valid license holders, it will be appropriate to relegate the applicants before

2 APPLN1272.2015 the trial Judge for seeking all reliefs. That being so, we pass the following order.

ORDER

(i) Criminal Application No. 1212 of 2015 is disposed of, reserving liberty in favour of the applicant to apply for discharge before the trial Judge and also for disposal of property, in accordance with law.

(ii) If such an application is made, same shall be decided by the trial Judge within a period of four weeks from the date of its filing.

[ INDIRA K. JAIN, J. ] [ A. B. CHAUDHARI, J. ] sgp