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Bombay High CourtAPL/195/2019dismissed

Pooja D/O. Anand Kumar Gupta v. State Of Maharashtra,P.S.O. Gondia, Dist. Nagpur Railway

2019-04-08Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Vinay Joshi2 pages

1 apl195.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.195/2019 Pooja D/o Anand Kumar Gupta ..Vs..

State of Maharashtra and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Jaltare, Advocate for the applicant. Shri T.A. Mirza, A.P.P. for non-applicant No.1 / State. CORAM : Z.A. HAQ AND VINAY JOSHI, JJ.

DATED : 8.4.2019.

Learned A.P.P. states that the notice of non-applicant No.2 is served. None appears for the non-applicant No.2.

In response to the notice issued by this Court, the non-applicant No.1 / State has filed reply stating that the investigation pursuant to the report lodged by the non-applicant No.2 is undertaken, however, the allegations made by the non-applicant No.2 against the applicant are not substantiated / corroborated by any evidence / material and, therefore, the non-applicant No.1 / State proposes to file discharge report as per Section 169 of the Code of Criminal Procedure before the competent Court.

In view of the submission made on behalf of the non-applicant No.1 / State in its reply on oath, nothing survives for adjudication in this criminal

2 apl195.19 application. The criminal application is disposed accordingly.

It is clarified that we have not examined the challenges raised by the applicant on merits and it will be open for her to approach this Court again if contingency arises.

JUDGE JUDGE Tambaskar.