Baburao Ramrao Chokhat v. The State Of Maharashtra And ORS

Cri.Appln.No.7/2014 with Cri.Appln.No.3376/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.7 OF 2014 WITH CRIMINAL APPLICATION NO.3705 OF 2015 Baburao s/o Ramrao Chokhat ...

APPLICANT

VERSUS

The State of Maharashtra & anr.

...

RESPONDENTS .....

Shri S.K.Chavan, Advocate for applicant Shri V.D. Godbharle, A.P.P. for State .....

WITH CRIMINAL APPLICATION NO.3376 OF 2015 Pratap s/o Raosaheb Jamkar and others ...

APPLICANTS

VERSUS

The State of Maharashtra & anr.

...

RESPONDENTS .....

Shri Arvind Deshmukh, Advocate with Shri S.P. Katneshwarkar, Advocate for applicants Shri V.D. Godbharle, A.P.P. for State .....

CORAM:

S.S. SHINDE AND A.I.S. CHEEMA, JJ.

DATED:

15th July, 2015.

ORAL ORDER :

1.

We have heard the counsel for the parties and perused the statements of the witnesses. The offences are

Cri.Appln.No.7/2014 with Cri.Appln.No.3376/2015 disclosed and prosecution agency has collected sufficient material during the course of investigation, same needs to be tested during trial. The applications are rejected. At this stage, counsel appearing for the applicants makes oral prayer to withdraw the criminal applications with liberty to resort to appropriate remedy. We have perused the entire material placed on record. The prosecution agency has collected enough material so as to try the case. There are serious allegations of grabbing the land of the Government College by preparing forged documents and role is ascribed to the present applicants. Therefore, the evidence needs to be tested during trial. Permission to withdraw the criminal applications is refused.

2.

These observations are prima facie. The trial Court should not get influenced by the observations made hereinabove, during trial.

(A.I.S. CHEEMA, J.) ( S.S. SHINDE, J.) fmp/cri7.14