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Bombay High CourtAPPLN/6521/2016disposed off

Vilas S/O Poonamchand Khandelwal And Others v. The State Of Maharashtra

2016-12-14Hon'Ble Shri Justice A.S. Chandurkar3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6521 OF 2016 1.

Vilas s/o Poonamchand Khandelwal, Age: 53 years, Occ: Business, R/o. 4-19-53, Near Datta Tempal, Bangara Colony, Aurangabad.

2.

Ganesh s/o Devidas Choudhary, Age: 36 years, Occ: Business, R/o. Municipal H.NO.4-10-4, Aurangpura, Aurangabad.

3.

Manikchand s/o Asaram Mohitule, Age: 53 years, Occ: Business, R/o. Municipal H.No.5-1-3, Bazar, Osmanpura, Aurangabad.

..APPLICANTS

VERSUS

The State of Maharashtra The Commissioner of Police, Aurangabad.

..RESPONDENT Mr S.S. Ladda, Advocate for applicants;

Mr C.V. Dharurkar, Addl. Public Prosecutor for respondent CORAM : A.S. CHANDURKAR, J.

DATE : 14th DECEMBER, 2016 ORAL ORDER :

After arguing the application for some time, learned Counsel for the applicants, on instructions, seeks permission to withdraw the same, with request for continuation of ad interim

(2) relief till 19th December, 2016.

2.

Criminal Application is disposed of, as withdrawn. Ad interim relief granted on 2nd December, 2016 shall operate till 19th December, 2016 and thereafter shall cease to operate automatically.

(A.S. CHANDURKAR, J.) Later on:

The learned Counsel for the applicants at 4.45 p.m. again mentioned the matter and requested for an order on merits. This request was opposed by the learned Addl. Public Prosecutor. As the Court was not inclined to consider the prayer made in the application favourably, an opportunity was given to the learned Counsel for the applicants to opt for an order of rejection on merits or whether he intended to withdraw the application. The learned Counsel for the applicants after seeking instructions made a request for permission

(3) to withdraw the application and for continuing ad interim protection for five days. The said request was accordingly accepted.

In view of aforesaid, the request made on behalf of the applicants at this stage is rejected as being not maintainable.

(A.S. CHANDURKAR, J.) Tupe