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Bombay High CourtBA/12/2017allowed

Peka S/O. Madi Pungati And Others (In Jail) v. The State Of Maharashtra Thr. Police Station Officer, Police Station Bhamragad Dist. Gadchiroli

2017-03-09Hon'Ble Shri Justice P.N. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.12 OF 2017 (Peka s/o Madi Pungati and others vs. The State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri A.R. Fule, Advocate for applicants.

Shri S.S. Doifode, Additional Public Prosecutor for respondent.

--------- CORAM : P.N. DESHMUKH, J.

DATED : MARCH 9, 2017 This application is filed by accused involved in Crime No. 6/2016 registered under Sections 302, 364, 353, 143, 147, 148, 149 and 120-B of Indian Penal Code, Section 3 read with Section 25 of Arms Act and Section 135 of Bombay Police Act.

During the course of arguments at length, when Court was about to dictate order rejecting the application after finding prima facie evidence against applicants, learned Counsel for applicants sought time to seek instructions for withdrawing the application. Today, Shri Fule, learned Counsel for applicants, by seeking leave to withdraw the application, has prayed that trial be expedited.

Record reveals that charge-sheet in the present crime is filed on 4/8/2016 and it is stated that charge is also framed. In that view of the matter, following order is passed :

Leave as prayed is allowed. The criminal

0903ba12.17 2/2 application is dismissed as allowed to be withdrawn. However, in view of statement made by both sides that trial is commenced, learned Sessions Court, who is seized with the sessions case arising out of Crime No.6/2016, is requested to make an endeavour to dispose of the same as early as possible, preferably within four months from the receipt of writ.

JUDGE khj