Maheboob S/O Hussain Shaikh And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4726 OF 2015

1) Maheboob s/o Hussain Shaikh,

2) Shaikh Rahim Shaikh Baba,

3) Jaibunisa @ Jubedabee Hussain Shaikh,

4) Nazera Maheboob Shaikh,

5) Shakila Yusuf Shaikh ...APPLICANTS

VERSUS

1) The State of Maharashtra,

2) Anjum w/o Amin Shaikh ...RESPONDENTS ...

Mr.R.B. Ade Advocate for Applicants.

Mr.S.R. Yadav, A.P.P. for Respondent No.1.

Mr.P.M. Nagargoje Advocate for Respondent No.2. ...

CORAM: S.S. SHINDE AND K.K. SONAWANE, JJ.

DATE : 24TH NOVEMBER, 2016 ORDER :

1.

Learned counsel appearing for Respondent

No.2 informs this Court that charge-sheet is already filed in the month of November 2015.

2.

This Application takes exception only to the F.I.R. In view of the fact that charge-sheet is filed, the Applicants will be at liberty to file application for discharge in case charge is already not framed by the concerned Court. In that view of the matter, and in view of the prayer made by the learned counsel for the Applicants to allow the Applicants to file application for discharge before the concerned Court, this Application is disposed of, with liberty to file application for discharge.

3.

However, we make it clear that since charge-sheet is already filed in the month of November 2015, liberty granted today is available for the Applicants to file application for discharge on or before 2nd December 2016.

4.

With the above observations, the Application stands disposed of.

[K.K. SONAWANE, J.] [S.S. SHINDE, J.] asb/NOV16