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Bombay High CourtAPL/756/2022dismissed

Anirudh Harihar Mandal v. State Of Mah. Pso Ps Tumsar Dist.Bhandara

2022-08-30Hon'Ble Shri Justice Manish Pitale,Hon'Ble Shri Justice Valmiki Menezes2 pages

1 / 2 905-APL 756.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 756 OF 2022 Anirudh Harihar Mandal vs.

State of Maharashtra through PSO PS Tumsar, Dist. Bhandara ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr. P. A. Ganorkar, Advocate h/f. Mr.Raju Kadu, Advocate for applicant.

Mr. S. M. Ukey, APP for respondent State.

CORAM :

MANISH PITALE AND VALMIKI SA MENEZES JJ.

DATE : 30/08/2022 This is an application filed under Section 482 of the Code of Criminal Procedure(Cr.P.C.) seeking to invoke our inherent and extraordinary jurisdiction for quashing of First Information Report(FIR) dated 29/09/2016 and charge-sheet dated 26/05/2017.

2.

The application has been filed on 06/06/2022, thereby showing that it has been filed more than five years after filing of the charge-sheet before the competent Court. We are aware that in extraordinary circumstances, this Court can exercise KOLHE

2 / 2 905-APL 756.2022 power under Section 482 of the Cr.P.C. even when the charge-sheet is filed.

3.

There is nothing on record to show that a case for exercising such power is made out by the applicant in the present case. Even otherwise, we are of the opinion that by now charge would have been framed and the matter would have proceeded further before the competent Court.

4.

In view of the above, we decline to exercise our power under Section 482 of the Cr.P.C. 5.

Accordingly, the application is dismissed.

JUDGE JUDGE CHANDRAKANT KOLHE 18:50 KOLHE