Bombay High CourtAPL/302/2019dismissed

Dr. Murlidhar @ Mehul S/O. Vishnu Adwani v. State Of Maharashtra Thr. Its P.S.O., Nagbhid P.S.,

2019-03-26Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Vinay Joshi2 pages

1 apl302.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.302 OF 2019 (DR MURLIDHAR @ MEHUL VISHNU ADWANI...VS.. STATE OF MAH. THR. PSO, PS NAGBHID.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anil Mardikar, Sr. Adv. A/b. Shri S.L.Kotwal & Shri R.S.Khemuka, Advocates for Applicant.

Shri S.S.Doifode, A.P.P. for Non-applicant/State. CORAM : Z.A.HAQ AND VINAY JOSHI, JJ.

DATED : MARCH 26, 2019.

Heard.

The applicant has filed this application under Section 482 of the Code of Criminal Procedure praying that the First Information Report registered against him with the non-applicant for the offences punishable under Sections 302, 307, 353, 332, 333, 120-B of the Indian Penal Code, Sections 65(a), 82, 83 of the Maharashtra Prohibition Act and Sections 3(1)(i)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 be quashed.

Various points are raised in the application. However, as informed by the learned A.P.P., the investigation is in progress, and therefore, we are not inclined to entertain this application, at this stage.

Keeping the points raised by the applicant in the application open for consideration at appropriate stage, and granting liberty to the applicant to reiterate the request after charge-sheet is filed, criminal application is disposed.

2 apl302.19 The learned Senior Advocate, appearing for the applicant, submitted that the applicant intends to move an application under Section 438 of the Code of Criminal Procedure before the Special Court.

The applicant is at liberty to move such application and if such application is moved, the Special Court shall decide the same on merits.

(VINAY JOSHI, J.) (Z.A.HAQ, J.) RRaut..