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Bombay High CourtWP/717/2016disposed off

Rajendra S/O Kantilal Gadhiya And Others v. The State Of Maharashtra And Others

2016-08-25Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice S.S. Shinde2 pages

717.16WP FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CRIMINAL WRIT PETITION NO. 717 OF 2016 RAJENDRA S/O KANTILAL GADHIYA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners: Mr.S.G. Sangle APP for Respondent/State:Mr.A.R. Borulkar Advocate for Respondent No.4: Mr.Amol Vasmatkar ...

CORAM: S.S.SHINDE & SANGITRAO S. PATIL, JJ.

Dated: August 25, 2016 ...

Heard the learned counsel appearing for the petitioners, the learned A.P.P.

appearing for the Respondent/State and the learned counsel appearing for Respondent No.4.

2.

So far as the prayer clause `C' for quashing of F.I.R. No.66/2015 registered with Police Station, Kinwat under Sections 498(A), 323, 504, 506 r/w 34 of the I.P.C. and resultant proceedings

717.16WP bearing R.C.C. No.56/2015 before the J.M.F.C., Kinwat is concerned, in view of the fact that the charge-sheet is now filed, the same cannot be considered.

3.

The learned counsel appearing for the petitioners submits that the petitioners have filed application under Section 239 of the Cr.P.C. for discharge. In that view of the matter, we direct the Judicial Magistrate, First Class, Kinwat to hear and decide the said application keeping in view the said prayer made in the application, as expeditiously as possible, and preferably within 8 weeks from today.

4.

The Petition stands disposed of accordingly.

5.

The parties shall act upon authenticated copy of this order.

(SANGITRAO S. PATIL,J) (S.S. SHINDE,J) sga/