Gopal Govind Lakde And Others v. The State Of Maharashtra And Another

930-WP-1774-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1774 OF 2022 Gopal Govind Lakade and Others

...Petitioners

Versus

The State of Maharashtra & Anr

...Respondents

...

Mr. K.S. Warad, Advocate for the Petitioners. Mr. M.M. Nerlikar, APP, for the Respondent - State. ...

CORAM:SMT. ANUJA PRABHUDESSAI & R.M. JOSHI, JJ DATE :JANUARY 27, 2023 PER COURT :

1.

This Petition is filed under Article 226 of the Constitution of India and Section 482 of the Cr.P.C to quash the FIR bearing C.R. No. 216/2022 registered with Latur Rural Police Station, Latur for the offfences punishable under Sections 420, 120(B), 465, 466, 467, 471, 34 of the Indian Penal Code.

2.

In the course of hearing, this Court had expressed that the proceedings could not be quashed at this stage since the investigation is in progress and that the Petitioner may file fresh application post investigation or an application for discharge. At the Malani

930-WP-1774-2022.odt request of learned Counsel for the Petitioner the matter was kept back to enable him to seek instructions. When the matter was called out in the afternoon session, learned Counsel for the Petitioner, under instructions, made a statement that the matter should be decided on merits. He was heard at length. It is only after the order was dictated, learned Counsel for the Petitioner made a request to withdraw the Petition with liberty to file discharge application. 3.

Considering the fact that considerable time of the Court has been consumed when several other matters are pending before the Court, we grant liberty to withdraw the matter subject to cost of Rs. 10,000/- to be paid to High Court Bar Association Library, Aurangabad within two weeks from today. The Petition is disposed of as withdrawn.

(R.M. JOSHI, J.) (SMT. ANUJA PRABHUDESSAI, J) Malani