Vakarali S/O Rahatali Kazi And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1839 OF 2015

1) Vakarali s/o Rahatali Kazi,

2) Rahatali Janali Kazi,

3) Tahasinbi Rahatali Kazi,

4) Sohel Rahatali Kazi ...APPLICANTS

VERSUS

1) The State of Maharashtra,

2) Ujmashirin w/o Vakarali Kazi ...RESPONDENTS ...

Mr.Prakashsing B. Patil Advocate for Applicants. Mr.M.M. Nerlikar, A.P.P. for Respondent No.1. Mr.N.R. Shaikh Advocate for Respondent No.2.

...

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

DATE : 13TH OCTOBER, 2015 ORDER :

1.

In view of the filing of the charge-

sheet, we think that the Applicants should be relegated to the alternate efficacious remedy of filing application for discharge before the trial Court. Learned counsel for the Applicants submits that even charge-sheet has been challenged in this Application.

2.

Even though charge-sheet has been challenged in this Application, we are unable to entertain the Application, as it is not possible for us to evaluate the charge-sheet and come to a concrete conclusion that the charge-sheet is false. We, therefore, make the following order:-

O R D E R

(I) Criminal Application No.1839 of 2015 is disposed of reserving liberty in favour of the Applicants for filing Application for discharge, in view of filing of the charge-sheet.

(II) If such application for discharge is filed, the same shall be decided within four months from the date of filing such application.

[INDIRA K. JAIN, J.] [A.B. CHAUDHARI, J.] asb/OCT15