Rajendra S/O Humraj Kolapkar And ANR v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3086 OF 2015

1) Rajendra s/o Humraj Kolapkar,

2) Hemant s/o Rajendra Kolapkar, ...APPLICANTS

VERSUS

1) The State of Maharashtra,

2) Namdeo s/o Polad Patil ...RESPONDENTS ...

Mr. G.K. Muneshwar Advocate for Applicants.

Mrs. R.P. Gour, A.P.P. for Respondent No.1.

Mr. Ujwal S. Patil 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 chargesheet, 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.3086 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