Smt Bhagarithibai Santoshrao Sonwane And Others v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3232 OF 2016 (Smt. Bhagarithibai Santoshrao Sonwane and others Vs. The State of Maharashtra and another) ---- Mr. Rupesh Jaiswal, Advocate holding for Mr. N.S. Ghanekar, Advocate for the applicants Mr. M.M. Nerlikar, A.P.P. for respondent No.1/State Smt. Pratibha Bharad, Advocate for respondent No. 2 ---- CORAM :

S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : 23rd August, 2016 PER COURT :

Heard.

2.

This application takes exception to Crime No. 39 of 2016, registered with Harsul Police Station for the offences punishable under section 498-A, 323, 504, 506 read with section 34 of the Indian Penal Code. 3.

It appears that on 4th July, 2016, this Court directed the respondents not to file the chargesheet against the applicants. The learned A.P.P., appearing for the respondent/State, submits that it was filed on 2nd July, 2016. In that view of the matter, it was proper on the part of the applicants to disclose the

criapln3232-2016 fact that the chargesheet is already filed. Be that as it may. Since now the chargesheet is filed, we are not inclined to entertain the present application. 4.

In case the applicants are advised to file an appropriate application for their discharge from the proceeding before the concerned Court, they can do so within a period of two weeks from today. In case such an application is filed by the applicants, the concerned Court shall decide the said application within a period of eight weeks from the date of filing of the application on its own merits and in case the charge is not already framed. With these directions, the criminal application stands dismissed.

[SANGITRAO S. PATIL] [S.S. SHINDE] JUDGE JUDGE npj/criapln3232-2016