Bajarang Manohar Sonwane v. The State Of Maharashtra And Others

953-WP-1455-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1455 OF 2022 Bajarang Manohar Sonwane ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. H.P. Jadhav, Advocate for petitioner Mr. S.J. Salgare, A.P.P. for respondent no.1 - State ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 20th JULY, 2023 PER COURT :

1.

It is informed that a committee is constituted by the Government for withdrawal of cases of the political and social agitations. Said committee has recommended withdrawal of prosecution instituted against the present petitioner, being S.C.C. No. 36 of 2016. According to learned counsel for the petitioner, the learned A.P.P. appearing before the trial Court has not taken steps for withdrawal from the prosecution.

2.

In our view, no fruitful purpose would be served keeping criminal case pending before the trial Court, in view of the government resolution. We are conscious of the fact that it is a discretion of the trial Court whether to 1 / 2

953-WP-1455-22.odt allow to withdraw from prosecution. However, in the facts and circumstances of the case, we allow this application in terms of prayer clause (B).

( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2