Salim S/O. Madan Gourave v. The State Of Maharashtra Thr. P.S.O., P.S. Malegaon,Dist. Washim

15.Cri .APL.223.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APL) NO.223/2019 Salim s/o. Madan Gourave Vs. The State of Maharashtra and Anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. P. Tathod, Advocate for Applicant.

Shri T. A. Mirza, A.P.P. for Non-applicant/State. CORAM : V. M. DESHPANDE AND AMIT BORKAR, J J .

DATE : 23/03/2022 .

1.

Shri A. P. Tathod, learned counsel for the applicant submits that in view of the statement made in the affidavit by the Investigating Officer in paragraph No.6 of the reply, the charge-sheet is already filed even prior to 26.03.2019 i.e. the first order in this matter, therefore, permission be given to him to withdraw the present application. He submits that liberty be given to him to file the fresh application under Section 482 of the Code of Criminal Procedure to challenge the charge-sheet. 2.

His prayer is accepted.

3.

The application is disposed of, as withdrawn with liberty as prayed for.

4.

It is made clear that the case of the applicant was not heard on its own merits by this Court today. MANOJ MANDADE 15:08 JUDGE JUDGE RGurnule