Ganesh Abasaheb Shinde v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.109 OF 2021 GANESH ABASAHEB SHINDE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Bhosle Pratik A APP for Respondent/State : Mr. S. P. Tiwari ...

CORAM : BHARAT P. DESHPANDE, J.

DATE : 10th AUGUST 2022.

Per Court :

1.

The present Revision Application is filed against impugned order dated 20.08.2021 passed by the learned Special Court (POCSO), Jalna. By the said order, the learned Special Court rejected application at Exhibit-20 filed by the present Applicant for alteration of charge. 2.

The record shows that charge is framed against the Applicant on 12.11.2019 vide Exhibit-10. The said order of framing of charge was not challenged.

3.

Learned Counsel for the Applicant submits that he may be permitted to withdraw the present Revision Application with liberty to file separate proceedings, thereby challenging the order of framing of charge dated 12.11.2019 since the present Revision is filed against the impugned order on the ground that there is need for modification of charge.

4.

It seems that the Applicant failed to challenge the order of framing of charge, in connection with Section 66-E of the Information Technology Act, 2000.

5.

Considering the above submissions, permission could be granted to withdraw the present Revision Application with liberty to challenge the order of framing of charge. Hence the following order.

O R D E R

(i) The Revision Application is allowed to be withdrawn with liberty to challenge the order dated 12.11.2019 before the appropriate Court. If such application is presented, the same

shall be decided on its own merits.

(ii) The Revision Application stands disposed of. [ BHARAT P. DESHPANDE, J.] Najeeb.