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Bombay High CourtACB/92/2020disposed off

Shivaji @ Damodar S/O. Dattopant Kulkarni v. The State Of Maharashtra And Others

2020-10-26Hon'Ble Smt. Justice Vibha Kankanwadi1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 APPLICATION FOR CANCELLATION OF BAIL NO.92 OF 2020 SHIVAJI @ DAMODAR DATTOPANT KULKARNI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. G.S. Shete, Advocate for applicant Mr. S.W. Munde, APP for respondent No.1 ...

CORAM

:

SMT. VIBHA KANKANWADI, J.

DATE :

26th OCTOBER, 2020 PER COURT :

After disinclination is shown learned Advocate for the applicant seeks withdrawal of the application, on instructions, with liberty to approach appropriate Court. He submits that though he has provided pieces of evidence, yet, the police are not taking cognizance of the same in proper perspective. Definitely the remedy is elsewhere and not under Section 439(2) of the Code of Criminal Procedure as he wants to point out the police inaction against unknown persons, who stated to have been involved in the offence. Under such circumstance, he is allowed to withdraw the application with liberty to approach appropriate Court to appropriate remedy. ( Smt. Vibha Kankanwadi, J. ) agd