Xyz v. The State Of Maharashtra Thr. Ps Ballarpur Chandrapur And 2 Others

1 / 2 26.appln28.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 28 OF 2024 XYZ Vs.

State of Maharashtra, Thru. PS Ballarpur, Chandrapur and Ors. ------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------- Mr. P.S. Dhenge, Advocate for applicant.

Mr. H.D. Marathe, APP for non-applicant No.1/State. Mr. A.A. Dhawas, Advocate for non-applicant Nos.2 & 3. CORAM : RAJNISH R. VYAS, J.

DATE : 10.10.2025 Learned counsel for applicant seeks permission to withdraw the present application with liberty to file appropriate application before the appropriate Court.

2.

Mr. Dhawas, learned counsel appearing for original accused, strongly opposes the said request on the ground that he has also preferred an application under Section 340 of the Code of Criminal Procedure. He further requests that the said issue may also be kept open to be raised at appropriate stage.

3.

In that view of the matter, the request made by both the learned counsels is allowed.

Prity

2 / 2 26.appln28.2024 4.

The applicant is permitted to withdraw the present application and be treated as disposed of. 5.

The non-applicant/accused is at liberty to file application under Section 340 of the Code of Criminal Procedure before the trial Court, if so instructed. (Rajnish R. Vyas, J.) Prity