Govind Gehimal Mirpuri And Others v. State Of Maharashtra, Through P.S.O. Sakkardara Police Station, Nagpur And Another

1 88apl838.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 439/2019 IN CRIMINAL APPLICATION (APL) NO. 838 OF 2015 (D) Govind S/o Gehimal Mirpuri and others ..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 P.V. Vaidya, Adv. for the applicants.

Shri T.A. Mirza, A.P.P. for the non-applicant No. 1. CORAM : Z.A. HAQ AND PUSHPA V. GANEDIWALA, JJ.

DATED : 09 th OCTOBER, 2019 Heard.

By this application, the applicants have prayed that the order passed by this Court on 22/01/2019 disposing Criminal Application (APL) No. 838/2015 as withdrawn with liberty to file application praying for discharge before the trial Court, be recalled.

According to the applicants, Criminal Application (APL) No. 838/2015 was withdrawn under the wrong impression that charge-sheet is filed, though it was not filed and is not filed till today.

On going through the order dated 22/01/2019, it cannot be said that the Court permitted the applicants to withdraw the criminal application only because the order passed on earlier date i.e. on 08/01/2019 shows that this

2 88apl838.15 Court had expressed that looking to the offences registered against the applicants, it was not inclined to exercise the jurisdiction under Section 482 of the Code of Criminal Procedure, and learned Advocate for the applicants had sought time to take instructions as to whether the criminal application should be withdrawn with liberty to file discharge application, and on the next date i.e. on 22/01/2019, criminal application was withdrawn with liberty to file discharge application.

On scrutinizing the matter, we are not convinced that the matter requires reconsideration. Hence, the criminal application is dismissed.

It is clarified that the applicants will be at liberty to file application praying for discharge, after the chargesheet is filed. JUDGE JUDGE D.S. Baldwa