Mohammad Imran Mohammad Taher And 7 Others v. State Of Maharashtra, Through P.S.O. Buldhana And Another

apl321.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 321/2014 Mohammad Irfan Mohammad Taher and ors. ..vs.. The State of Maharashtra, through its Police Station Officer, P. S. Buldhana (City), Dist. Buldhana and anr. __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Mahesh Rai, Advocate for applicants.

Ms Trupti Udeshi, A.P.P. for non applicant-State. CORAM: A.B.CHAUDHARI & P.N.DESHMUKH JJ.

DATE :JANUARY 21, 2015 Learned A.P.P. states that the chargesheet has already been filed in this case on 03.03.2014.

Heard learned counsel for applicant. We have perused the papers and we find that in the present jurisdiction under section 482 of the Code of Criminal Procedure, it is not possible to analyse and come to definite finding as to who is right and who is wrong. That can be done only by the trial Court, upon perusal of the entire chargesheet and after hearing all the concerned parties including the investigating agency.

We are, therefore, of the opinion that appropriate course for the applicants would be to approach the trial Court and either seek for discharge or to take such other steps that are available in law. Hence, we pass the following order.

apl321.14

ORDER

Criminal Application No. 321/2014 is disposed of, reserving liberty in favour of the applicants to approach the trial court and to take such steps as are available in law. JUDGE JUDGE kahale