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Bombay High CourtAPPLN/2786/2008others disposed off

Sandeep Suresh Aloni And Anor. v. State Of Mah. Thru. Pso Wani

2015-03-12Hon'Ble Shri Justice A.B. Chaudhari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 1203appln2786.08.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPLN) NO.2786 OF 2008. Sandeep Suresh Aloni an anr. ..vs.. State of Mah. 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.A.S.Manohar, Adv. with Mr.R.P.Joshi Advocate for the applicants.

Mr.V.A.Thakare, APP for the State.

CORAM : A.B.CHAUDHARI AND P.N.DESHMUKH, JJ.

DATED : MARCH 12, 2015.

Learned counsel for the parties state that the charge sheet has been filed.

Mr.A.S.Manohar states that the charge sheet has been filed despite the restraint order of this court. Mr.Joshi states that contempt proceedings have been dropped and explanation that the police did not understand English language given by the police is accepted.

Be that as it may, we deprecate the conduct on the part of the police officer filing the charge sheet despite the restraint order from this court and warn them not to act recklessly. Be that as it may, insofar as present proceedings are concerned they arose out of provisions of Section 156(3) of the Code of Criminal Procedure against which regular remedy is available under law as decided by this Court in the case of Yeshwant Maroti Kantode and ors. ..vs.. State of Mah. and anr. reported in 2014 ALL MR

2 1203appln2786.08.odt (Cri) 998. Hence, with liberty to the applicants to take such steps as is available in law, the application stands disposed of. JUDGE JUDGE Chute.