Satish S/O Suresh Kothari And ORS v. The State Of Maharashtra

13 appln.2214.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 2214 OF 2015 SATISH S/O SURESH KOTHARI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Shaikh Mazhar A. Jahagirdar APP for Respondent No.1 : Mr. B. L. Dhas.

...

CORAM :

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

DATE :

02nd September, 2015.

Per Court:

.

Heard the learned counsel for the rival parties. The learned counsel for the Applicants submits that though the charge-sheet is said to have been filed, the Applicants have a strong prima-facie case for quashing the FIR.

In view of filing of the charge-sheet, we think that the FIR has merged into the final investigation report, and therefore, the Applicants to approach the trial Judge for discharge, if so advised. Hence, the following order:

ORDER

I.

Criminal Application No.2214 of 2015, is disposed of with liberty in favour of the Applicants to apply for

13 appln.2214.15.odt discharge since the charge-sheet has been filed before the learned trial Judge.

II.

If the application for discharge is made, the same shall be decided within a period of three months from the date of filing of the application.

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