Zakir Shah S/Ok Rashid Shah v. The State Of Maharashtra Thr. Pso Ps Akot City Tq.Akot Dist.Akola And Another

943-apl-723-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (APPP) No. 453 of 2025 in Criminal Application (APL) No. 723 of 2024 Zakir Shah S/o Rashid Shah

Versus

The State of Maharashtra through Police Station Officer, Police Station Akot City, Tq. Akot, District Akola Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Ajay S. Londhe, Advocate for the applicant. Shri A.R.Chutke, APP for the non-applicant/State. CORAM : ANIL S. KILOR & PRAVIN S. PATIL, JJ.

DATED : 17th APRIL, 2025.

This is an application for filing of charge-sheet before the trial Court. As this Court vide order dated 29th April, 2024 though permitted to proceed with the investigation, directed not to file chargesheet. 2.

Considering the fact that charge-sheet is ready and furthermore in view of the facts recorded by this Court in paragraphs 3 and 4 of the order dated 29th April, 2024, we are of the opinion that it would be proper to allow to file the charge-sheet so as to appreciate the material collected by the Investigating Officer during the investigation, SKNair

943-apl-723-24.odt to find out whether prima facie the offence is made out against the applicant or not.

3.

Accordingly, the application is allowed. State is permitted to file charge-sheet.

4.

Criminal application stands disposed of.

Criminal Application No. 723 of 2024 As this Court has permitted the State to file the charge-sheet and since in the present matter the First Information Report is under challenge, this application does not survive. Accordingly, it is disposed of with liberty to file afresh raising a challenge to the charge-sheet, if he so desires.

2.

Criminal application is disposed of.

[PRAVIN S. PATIL, J.] [ANIL S. KILOR, J.] SKNair