Mohd. Abdul Wase S/O. Mohd. Abdul Mujib v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CRIMINAL WRIT PETITION NO.1026 OF 2017 MOHD. ABDUL WASE S/O. MOHD. ABDUL MUJIB

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Mr. Dhananjay M. Shinde, Advocate for the petitioner Mr. S. G. Karlekar, APP for the State, Mr. Jaybhar, Advocate for respondent No.2

CORAM

: A.S. GADKARI, J.

DATE : 20th January, 2022 ORDER:

1.

Learned counsel for the petitioner fairly submitted that, during pendency of the present petition, trial court has already framed charge in the present case i.e. R.C.C.- No.272/2015. 2.

The Hon'

le Supreme Court, in the case of Katilal Bhanji Mithani Vs. State of Maharashtra, reported in (1979) 2 SCC 179, has held that, after framing of charge, their cannot be a '

discharge'

, but only an '

acquittal'

based on a finding of no guilt, turning on the merits of the case. In view thereof, the present petition impugning the order of rejecting '

discharge' under section 239 of the Criminal Procedure Code does not survive.

3.

Petition is accordingly disposed of.

( A.S. GADKARI, J. ) JPC Page 1 of 1