Krushna Sanjay Surve v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1640 OF 2023 WITH CRIMINAL APPLICATION NO. 4137/2023 KRUSHNA SANJAY SURVE

VERSUS

THE STATE OF MAHARASHTRA Mr. S. S. Jadhav, Advocate h/f Ms. S. R. Aurangabadkar, Advocate for the petitioner Mrs. G. L. Deshpande, APP for the respondent/State Mr. M. B. Sandanshiv, Advocate for the applicant in CA No. 4137/2023.

CORAM

: R. M. JOSHI, J.

DATE : 8th NOVEMBER , 2023 (Through VC) P.C. :- 1.

When this Court has shown its disinclination to consider the prayer for transfer of the proceeding, learned counsel for the petitioner, on instructions, seeks leave withdrawal of the petition to the extent. 2.

Learned counsel for the petitioner, however, states that the cost imposed of Rs.10,000/- is excessive and hence same may be interfered with the interest of justice.

3.

Learned APP and learned counsel for the informant opposed the said contention.

4.

This Court is of the view that since the accused persons are in jail 901.criwp1640.23.odt

it would be necessary to recall the order. Impugned order stands modified to the extent of the imposition of cost. The order of cost stands set aside.

5.

R and P be sent back to the concerned Court forthwith. 6.

Registrar (Judicial) to make sure that the said proceeding be sent to the concerned Court by tomorrow itself.

7.

Petition stands dismissed as withdrawn. Pending application, if any, stands disposed of.

(R. M. JOSHI, J.) ssp 901.criwp1640.23.odt