Shamrao Wamanrao Aher And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3400 OF 2015

1) Shamrao Wamanrao Aher,

2) Indubai w/o Shamrao Aher,

3) Sarika d/o Shamrao Aher,

4) Manisha w/o Pramod Deshmukh ...APPLICANTS

VERSUS

1) The State of Maharashtra,

2) Babita w/o Ashok Aher ...RESPONDENTS ...

Mr. Suvidh S. Kulkarni Advocate for Applicants. Mr.M.M. Nerlikar, A.P.P. for Respondent No.1. Mrs. Sanjivani Deshmukh-Ghate Advocate for Respondent No.2.

...

CORAM: A.B. CHAUDHARI AND INDIRA K. JAIN, JJ.

DATE : 1ST SEPTEMBER, 2015 ORDER :

1.

The learned A.P.P. submits that

investigation has almost been completed but the charge-sheet has not been filed due to restrainment order passed by this Court. He has tendered before us police investigation papers, which we have seen. We are satisfied that the prosecution agency should be allowed to file the charge-sheet and at the same time the Applicants should be allowed to apply for discharge, if so advised. Hence the following order:

O R D E R

(A). Criminal Application No.3400 of 2015 disposed of, reserving liberty in favour of the Applicants to apply for discharge, if so advised.

(B). Prosecution agency is permitted to file charge-sheet in the trial Court.

(C) If the Application for discharge is

made, the same shall be disposed of as expeditiously as possible.

[INDIRA K. JAIN, J.] [A.B. CHAUDHARI, J.] asb/SEP15