Bombay High CourtAPL/319/2015others disposed off

Harshal @ Harshawardhan Sukhdeorao Bhusari v. State Of Maharashtra, Through P.S.O. P.S. Gadge Nagar, Amravati And Another

2016-01-18Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

apl319.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APL) NO.319 OF 2015 Harshal @ Harshawardhan Sukhdeorao Bhusari ..vs..

State of Mah., thr Police Station Officer, Police Station Gadge Nagar, Amravati and anr ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri R.J. Shinde, counsel for the Applicant.

Shri V.P. Maldhure, Addl.P.P. for NA No.1/State.

CORAM

: B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATED : JANUARY 18, 2016.

Heard.

The effort of learned counsel for the applicant Shri R.J. Shinde is to demonstrate that the story put up by non-applicant No.2 is unnatural. He also hints that at some other history, according to him, on 10.4.2015 the applicant was absent.

Learned Addl.P.P. for non-applicant No.1/State points out that the incident is dated 11.4.2015. On that day, the applicant was very much on duty. He also points out that though non-applicant No.2 mentioned wrong date, subject in which examination was scheduled on 11.4.2015, was correctly pointed out even then. He further states that after her examination got over on 17.4.2015, immediately on next date the complaint has been filed.

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apl319.15 In this situation, without observing anything on merits and considering the fact that the applicant is working as contributory lecturer, we permit him to appear through his Advocate before the Court of JMFC at Amravati in which the charge-sheet shall be filed and to move appropriate application seeking his discharge or such other application has may be advised.

Non-applicant No.2 though served, has chosen not to appear before this Court.

With this liberty to the applicant, we dispose of the criminal application. No costs.

JUDGE JUDGE !! BRW !!

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