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Bombay High CourtAPL/131/2015others disposed off

Keshav S/O Laxman Avchar And Another v. State Of Maharashtra, Through Its Deputy Superintendent Of Police, A.C.B. Washim And Others

2015-08-03Hon'Ble Shri Justice A.B. Chaudhari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

0308apl131.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO.747/2015 IN CRIMINAL APPLICATION (APL) NO.131/2015 AND CRIMINAL APPLICATION (APL) NO.131 OF 2015 (Keshav s/o Laxman Avchar and another vs. State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri A.M. Ghare, Advocate for applicants.

Ms. N.P. Mehta, Additional Public Prosecutor for respondent nos.1 and 3.

Shri S.A. Mohta, Advocate for respondent no.2. ---------- CORAM : A.B. CHAUDHARI AND P.N. DESHMUKH, JJ.

DATED : AUGUST 3, 2015 CRIMINAL APPLICATION NO.747 OF 2015 Heard learned Counsel for the rival parties.

For the reasons stated in Criminal Application No.747/2015 for restoration, Criminal Application No.131/2015 is restored.

0308apl131.15 2/2 CRIMINAL APPLICATION (APL) NO.131 OF 2015 Heard learned Counsel for the rival parties.

It is not possible for us to make assessment of the investigation papers in exercise of jurisdiction under Section 482 of Code of Criminal Procedure in order to find out whether applicants are right or respondents are right. That being so, we make the following order :

Order Criminal Application No. 131/2015 is disposed of reserving liberty in favour of applicants to apply for discharge, if so advised, before trial Court. If such application is made, the same shall be disposed of expeditiously.

JUDGE JUDGE khj