Ruksana W/O Nooruddin Chaudhari v. The State Of Maharashtra And ANR

5644.2015Cri.Appln..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5644 OF 2015 Rukhsana w/o.Nooruddin Chaudhari APPLICANT

VERSUS

The State of Maharashtra and another RESPONDENTS ...

Mr.H.I.Pathan, Advocate for the applicant Mr.Vivek H.Kyadal, Advocate holding Mr.T.M.Tandale, advocate for the respondent no.2.

Mr.B.V.Virdhe, APP for Respondent - State ...

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

Date: 22.11.2016 PER COURT:

1.

At the outset, the learned APP informs this Court that the Investigation Officer has filed charge-sheet on 21st November, 2015. This Court on 3rd December, 2015, observed that charge sheet shall not be filed till the next date. However, as submitted by the learned APP the charge sheet was already filed.

2.

On 27th October, 2016, the learned counsel for the applicant stated before this Court that the parties are exploring

5644.2015Cri.Appln..odt possibility of amicable settlement. The learned counsel appearing for the respondent no.2, on instructions, submits that there is no slightest possibility of amicable settlement.

3.

In the light of above and in view of the fact that the charge-sheet is already filed, we are not inclined to entertain this application, which takes exception only to the FIR. Hence the application stands rejected.

4.

However, we make it clear that if the applicant wishes to file application for discharge, he would be at liberty to file an appropriate application before the appropriate Court for said relief, in case charge is not yet framed by the concerned Court.

Sd/- Sd/- [K.K.SONAWANE] [S.S.SHINDE] JUDGE JUDGE DDC