Sheikh Aziz S/O Sheikh Jumman v. State Of Mah Thr ,Inistry Of Home Mantralaya, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Writ Petition No.340 of 2019 [Sheikh Aziz son of Sheikh Jumman Vs. Sate of Mah., Home Deptt. & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. R. S. Akbani, Adv., for the petitioner.

Mr. M. K. Pathan, APP for respondents.

---- CORAM : P. N. DESHMUKH AND SMT. PUSHPA V. GANEDIWALA, JJ.

DATE : 29th July, 2019 Learned counsel for the petitioner, on instructions, seeks leave to withdraw the Writ Petition, contending that from the Affidavit-in-Reply and documents filed on record, it is seen that the learned Court of Chief Judicial Magistrate, Nagpur, issued directions to the concerned Police Station to adopt the procedure as contemplated under Sections 82 and 83 of Criminal Procedure Code, and learned Addl. Public Prosecutor points out the application moved by the prosecution. He submits that it is also stated in the Affidavit-in-reply that the Court concerned has to initiate appropriate action under Sections 82 and 83 of Criminal Procedure Code. In that view of the matter, the request is allowed,

as we find that the procedure, whatsoever, as required under law is being prosecuted by the trial Court. We, thus, grant the leave as prayed for. Writ Petition is disposed of as dismissed since it is allowed to be withdrawn with liberty in favour of petitioner to take appropriate steps, if found necessary.

Judge Judge |hedau|