Mahendra S/O Shyamrao Taywade v. The State Of Maharashtra Thr. Pso Ps Bajaj Nagar Dist.Nagpur And

2024:BHC-NAG:5428-DB 1 2.apl.796.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 796/2024 Mahendra s/o. Shyamrao Taywade Vs.

State of Maharashtra and Anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. S. Bhalerao, Advocate h/f. Mr. A. C. Jaltare, Advocate for Applicant.

Mr. S. A. Ashirgade, A.P.P. for Non-applicant/State. CORAM : VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ .

DATED : 06/05/2024.

.

Heard.

2.

This is an application seeking to quash chargesheet (R.C.C.No.2512/2022) arising out of First Information Report in Crime No.131/2022 registered with Police Station, Bajaj Nagar, Nagpur for the offences punishable under Sections 324, 354D, 120B, read with Section 34 of the Indian Penal Code, 1860.

3.

Learned Counsel for the applicant would submit that the applicant has already filed a discharge application before the Trial Court on the premise that the material collected during the course of the investigation is not sufficient to proceed further. It is his grievance that though the discharge application has been filed long back, the Trial Court is not deciding the same.

4.

Already the applicant has resorted to a parallel remedy of seeking discharge, which is still pending. In this situation, we deem it appropriate to direct the Trial Court to decide the application of discharge, and in case of

2 2.apl.796.24 rejection, the applicant is at liberty to resort the appropriate remedy as available under law.

5.

In view of the above, the Trial Court is directed to decide the discharge application dated 14.10.2022 (Exhibit-6) within two months from today.

6.

The application stands disposed of in the aforesaid terms.

7.

Inform the Trial Court accordingly.

(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) RGurnule