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Bombay High CourtAPPLN/1682/2021withdrawn

Jayvirraje S/O. Pandurangrao Bhalerao v. The State Of Maharashtra And Another

2021-11-16Hon'Ble Shri Justice V.K. Jadhav,Hon'Ble Shri Justice Sandipkumar C. More2 pages

920-CriAppln-1682-2021 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CRIMINAL APPLICATION NO. 1682 OF 2021 JAYVIRRAJE S/O. PANDURANGRAO BHALERAO

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER .....

Advocate for Applicants : Mr. Murkute J. M.

APP for Respondent : Mr. M. M. Nerlikar .....

CORAM : V. K. JADHAV AND SANDIPKUMAR. C. MORE, JJ.

DATED : 16th NOVEMBER, 2021 PER COURT:- 1.

We have heard learned counsel for the applicant for some time. Learned counsel for the applicant, on instructions, seeks leave to withdraw this criminal application with liberty to the applicant to file an application for discharge before the trial court in the pending case.

2.

In this case, the FIR was registered in the year 2015 bearing FIR No. 116 of 2015 and the charge-sheet came to be filed in the year 2017. At present the case is pending bearing R.C.C. No. 145 of 2017 before the Judicial Magistrate, First Class, Gangakhed, District Parbhani. It further appears that by order dated

920-CriAppln-1682-2021 -227.11.2017, this Court (Coram : S. S. Shinde and Mangesh S. Patil, JJ.) has rejected Criminal Application No. 4302 of 2016 filed by the present applicant and others for quashing of the FIR. 3.

In view of the above, leave granted. The Criminal Application is dismissed as withdrawn with liberty to the applicant to file an application for discharge before the trial court in the pending case if the charge is yet not framed. The applicant is also at liberty to file an application for expeditious hearing and disposal of the case before the trial court.

(SANDIPKUMAR C. MORE, J.) (V. K. JADHAV, J.) vre