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Bombay High CourtWP/837/2013dismissed

Mukund Fakira Kuwar And Others v. The State Of Maharashtra

2016-03-01Hon'Ble Shri Justice A.V. Nirgude2 pages

crwp837.13 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 837 OF 2013 (Mukund Fakira Kuwar & Ors. Vs. The State of Maharashtra) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM :

A.V. NIRGUDE, J.

DATED :

01.03.2016 None for the petitioners.

Mr.S.D. Ghayal, APP for respondent/ State.

1.

The petitioners and their advocate are absent, but with the help of learned APP I went through the petition and realized that the petitioners are challenging order dated 11.06.2013 passed by the learned J.M.F.C., Nandurbar, refusing to discharge them from R.C.C. No.129 of 2012. Without going into merits of the case, it can safely be said that the order impugned could have been challenged and ought to have been challenged before the learned Sessions Judge, by filing Criminal Revision Application under section 397 of the

crwp837.13 Cr.P.C. Such revision could have been maintainable, had it been filed within time.

2.

The Criminal Writ Petition stands dismissed.

[A.V.NIRGUDE,J.] /2016/ snk MAR /crwp837.13