Chandrabhan Mahadeo Waghmare And ANR v. The State Of Maharashtra And ANR

Cr.Appln. 5787/15 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5787/2015 Chandrabhan Mahadeo Waghmare & another.

...Applicants..

Versus

The State of Maharashtra & another.

...Respondent...

.....

Shri Satyajit S. Bora, Advocate for applicants. Shri M.M. Nerlikar, APP for respondent no.1.

SHri R.S. Deshmukh, Advocate for respondent no.2. .....

CORAM: R.M. BORDE & K.L. WADANE, JJ.

DATE: 31.03.2016 ORDER :

1] It is brought to our notice that the charge-sheet has already been presented to the Court of the learned Magistrate.

2] For consideration of the reliefs claimed in the present application, it would be necessary to go into the factual details, it is desirable that the applicants may avail of the alternative remedy of tendering an application to the trial Court seeking discharge.

Cr.Appln. 5787/15 - 2 - 3] Keeping the option of the applicants to avail of the alternative remedy available in law, open, the instant criminal application stands disposed of.

4] It is clarified that this Court has not expressed any opinion as regards the merits of the matter and contentions raised by the applicants in this application and it would be open for the appropriate forum to consider the contentions of the applicants on its own merits.

(K.L. WADANE, J.) (R.M. BORDE, J.) ndk/cr3131611.doc