Ajit Subhash Divte v. The State Of Maharashtra And ORS

68-CriWP-1412-2020 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 68 CRIMINAL WRIT PETITION NO. 1412 OF 2020 AJIT SUBHASH DIVTE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for Petitioner : Mr. Temkar Rajendra K. APP for Respondents : Mr. K. S. Patil .....

CORAM : SARANG V. KOTWAL BHARAT P. DESHPANDE, JJ.

DATED : 20 JUNE 2022 PER COURT:- 1.

Learned APP pointed out that the Hon'ble Supreme Court in the case of Luckose Zachariah alias Zak Nedumchira Luke and Others v. Joseph Joseph and Others 2022 SCC OnLine SC 241, by referring to another judgment in the case of Vinubhai Haribhai Malaviya v. State of Gujarat (2019) 17 SCC 1, has held that the Magistrate retains the power of directing further investigation under Section 173(8) of Cr.P.C.

2.

In this view of legal position, learned counsel for the petitioner prays for withdrawal of this petition with liberty to approach the Court

68-CriWP-1412-2020 -2of Magistrate for issuing directions to investigate further under Section 173(8) of Cr.P.C. He seeks withdrawal with such liberty. 3.

Permission is granted. The petition is allowed to be withdrawn with such liberty. The petition is disposed off. BHARAT. P. DESHPANDE, J.

SARANG V. KOTWAL, J.

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