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Bombay High CourtAPPLN/3972/2012disposed off

Avinash Ramchandra Acharya And ANR v. The State Of Mah And ANR

2015-03-03Hon'Ble Shri Justice A.M. Badar3 pages

(1) Cri. Appln. No. 3807 of 2012

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Criminal Application No. 3807 of 2012 Jalgaon Janta Sahakari Bank, Jalgaon, Dist. : Jalgaon, 117/119, Navi Peth, Jalgaon, Taluka & District : Jalgaon, Through its Branch Manager, Shri Bapu Borse & 4 others.

.. Applicants.

versus The State of Maharashtra, Through its Secretary, Home Department, Mantralaya, Mumbai, & another.

.. Respondents.

.........................

Mr. A.N. Nagargoje, Advocate, for the applicants. Mr. S.D. Kaldate, Additional Public Prosecutor, for respondent no.1 - State.

Ms. Seema T. Pawar, Advocate, holding for Mr. D.B. Thoke, Advocate, for respondent no.2. ..........................

With Criminal Application No. 3972 of 2012 Avinash s/o. Ramchandra Acharya, Age : 78 years, Occupation : Doctor, R/o. 117/119, Navi Peth, Jalgaon,

(2) Cri. Appln. No. 3807 of 2012 Taluka & District : Jalgaon, & another.

.. Applicants.

versus The State of Maharashtra, Through its Secretary, Home Department, Mantralaya, Mumbai, & another.

.. Respondents.

.........................

Mr. A.N. Nagargoje, Advocate, for the applicants. Mr. S.D. Kaldate, Additional Public Prosecutor, for respondent no.1 - State.

Ms. Seema T. Pawar, Advocate, holding for Mr. D.B. Thoke, Advocate, for respondent no.2. ..........................

CORAM : A.M. BADAR, J.

DATE : 3RD MARCH 2015 PER COURT :

1.

Heard the learned respective Counsel for the parties. 2.

In both these proceedings under Section 482 of the Code of Criminal Procedure, 1973, a prayer is made to quash and set aside the proceedings in Regular Criminal Case No. 430/2005, pending on the file of the learned Chief Judicial Magistrate, Jalgaon.

(3) Cri. Appln. No. 3807 of 2012 3.

Mr. A.N. Nagargoje, the learned Counsel appearing for the applicants herein, has produced on record, photo-copy of the order below Exhibit 1 passed in Regular Criminal Case No. 430/2005, by the learned Chief Judicial Magistrate, Jalgaon, closing the said Regular Criminal Case as abated. That order is taken on record and marked as Exhibit "X" for identification.

4.

In view of abatement of Regular Criminal Case No. 430/2005, nothing survives in these Applications and, therefore, both the Applications are disposed of.

( A.M. BADAR ) JUDGE ................................

puranik / CRIAPPLN3807