Popatrao Laxmanrao Ghorpade v. Dattatraya Dnyandeo Ghorpade And Others

criapln2851-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2851 OF 2015 (Popatrao Laxmanrao Ghorpade Vs. Dattatraya Dnyandeo Ghorpade and others) ---- Mr. Govind D. Tanpure, Advocate holding for Mr. N.C. Garud, Advocate for the applicant Mr. V.S. Badakh, A.P.P. for respondent No. 9/State ---- CORAM : M.T. JOSHI, J.

DATE : 21/10/2015 ORAL ORDER :

1.

Heard learned counsel for the applicant.

2.

Upon hearing, learned counsel Mr. Tanpure, holding for Mr. N.C. Garud, learned counsel for the applicant, on instructions, submits that the applicant wishes to withdraw the present application as the appeal would not be tenable in this Court. He submits that liberty to file similar proceedings in the Sessions Court may be granted and since the applicant/appellant was prosecuting the present proceeding in this Court bonafide, the time consumed in the present proceeding, may be directed to be appreciated by the learned Sessions Court while considering the delay condonation

criapln2851-2015 application, if any, that would be filed before the Sessions Court.

3.

The present application is allowed to be withdrawn with liberty to file similar proceeding in the Sessions Court. The learned Sessions Judge to appreciate, at the time of hearing the application for condonation of delay, if any, the fact that the present applicant was bonafide prosecuting his proceeding in this Court.

.

The present application is accordingly disposed of.

[M.T. JOSHI] JUDGE npj/criapln2851-2015