Rajesh S/O Pundlikao Fiske And Another v. The State Of Maharashtra, Thr. P.S.O. Of P.S. Katol, Nagpur

1 apl3.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.3/2017 Rajesh S/o Pundlikrao Fiske and another ..Vs..

The State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri E.W. Nawab, Advocate for the applicants. Ms. T.H. Khan, A.P.P. for the non-applicant / State. CORAM : Z.A. HAQ, J.

DATE : 23.1.2019.

After arguing for some time, learned Advocate for the applicant / accused seeks permission to withdraw the application (Exh. No.14) on which the impugned order is passed by the Sessions Court. It is submitted that the applicant / accused would be reiterating his request as made in the application (Exh. No.14) if the Sessions Court finds that the prosecution has not been able to prove the charge of commission of offence punishable under Section 326 of the Indian Penal Code against the accused.

As I find that the request made on behalf of the applicant / accused is justified, he is permitted to withdraw the application (Exh. No.14). Consequently, the impugned order does not survive.

The criminal application is dismissed accordingly.

JUDGE Tambaskar.