Sumit Kumar Bhalotiya v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 767 OF 2014 Sumit Kumar Bhalotiya .. PETITIONER

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State of Maharashtra & Anr .. RESPONDENTS ...

Shri B.S.Chaudhekar,Advocate for petitioner Smt.S.G.Chincholkar,APP for respondent State Shri V.P.Patil,Adv. For respondent no.2.

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CORAM : V.M.DESHPANDE,J.

DATED : 20TH JULY, 2015 ORDER :- The learned counsel for the petitioner submits that instead of moving the revision challenging order of issuance of process, present petition under Article 227 of Constitution of India is filed, therefore, he submits that he wants to withdraw present petition in order to enable the petitioner to file revision before the revisional court. Permission granted.

2] Present Writ Petition is dismissed as withdrawn with liberty to the petitioner to file revision before Sessions Court alongwith application for condonation of delay within a period of 15 days. If such revision alongwith condonation of delay application is filed in that behalf, learned revisional court shall consider pendency of the

criwp767-14 -2present Writ Petition before this Court and shall decide the application for condonation of delay in accordance with law. 3] Further, it is made clear that this Court has not heard any of the learned counsel on its merits. W.P. allowed to be withdrawn. (V.M.DESHPANDE,J.) umg/