Savitri D/O. Trambakrao Joshi v. The State Of Maharashtra And ANR

935CrWP399.2020 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.

CRIMINAL WRIT PETITION NO. 399 OF 2020 Savitri D/o Trambakrao Joshi

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

.....

Shri. A. J. Patil, Advocate for the petitioner Shri. R. D. Sanap, APP for respondent / State .....

CORAM : V. K. JADHAV & SANDIPKUMAR C. MORE, JJ.

DATE : DECEMBER 14, 2021 PER COURT : - 1.

The learned Counsel for the petitioner submits that this case is of year 2015. The Regular Criminal Case No. 568 of 2015 filed before the trial Court arises out of FIR No. 150 of 2013 registered with Vajirabad Police Station, Nanded, for the offences punishable under Sections 420, 468, 471 r/w 34 of the Indian Penal Code. The learned Counsel for the petitioner submits, on instructions, that the petitioner has filed an application for discharge, however, the trial Court has not considered the same for long time and in consequence thereof, the petitioner has not pressed the said application and SG Punde, PA

935CrWP399.2020 -2approached this Court by filing this Criminal Writ Petition for quashing of the proceedings.

2.

The learned Counsel for the petitioner seeks, on instructions, leave to withdraw this petition with liberty to the petitioner to file an application for discharge before the trial Court in the pending case.

3.

Leave granted.

4.

The petition is dismissed as withdrawn with liberty to the petitioner to file an application for discharge before the trial Court in the pending Regular Criminal Case No. 568/2015. We direct the trial Court to decide the application which would be filed by the petitioner for discharge, on its own merits, within a period of two months from the date of its presentation.

[ SANDIPKUMAR C. MORE ] [ V. K. JADHAV ] JUDGE JUDGE SG Punde, PA