Attadeep S/O Bhimrao Gondane And Others v. The State Of Maharashtra, Through P.S.O. P.S. Hudkeshwar, Nagpur And Another

Order 2606apl167.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) No. 167/2015.

Attadeep Bhimrao Gondane and others.

-VERSUSState of Maharashtra and and another.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P.DHARMADHIKARI & P.N. DESHMUKH, JJ.

DATE : JUNE 26, 2015.

Heard Shri P.K. Bezalwar, learned counsel for the applicant and shri D.K. Dubey, learned A.P.P. for respondent no.1.

2.

We find that FIR in relation to which relief is sought is dated 06.05.2013. Thus a period of more than two years has expired after its institution. In the meanwhile Regular Criminal Case No. 4216/2014 has also been registered.

3.

Shri Bezalwar, learned counsel submits that accused no.5 whose details are not known to the

Order 2606apl167.15 present applicant has obtained anticipatory bail and police wants to take him into custody. He therefore, submits that in this situation, present proceedings are filed seeking quashing of FIR and consequential Regular Criminal Case.

4.

Learned A.P.P. submits that objection raised before this Court can be pressed into service before the Court of Judicial Magistrate First Class. 5.

As period of more than two years has already lapsed, without observing anything on the merits of the controversy, and with liberty to the applicant to raise all objection before the learned Judicial Magistrate in accordance with law, we dispose of the present proceedings. No costs. JUDGE JUDGE Rgd.