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Bombay High CourtAPL/917/2022disposed off as a withdrawn

Rushab Ramesh Gajbhiye v. State Of Mha. Thr. Pso Ps Hingna Nagpur Dist.Nagpur And Another

2022-09-26Hon'Ble Shri Justice Rohit Baban Deo,Hon'Ble Shri Justice Anil L. Pansare2 pages

1 apl 917.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (APL) No.

of 20 [Rushab Ramesh Gajbhiye ..vs.. State of Maharashtra through P.S.O, P.S., Hingna, Nagpur, District Nagpur 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. S. D. Chande, Advocate for the applicant Mr. S. S. Doifode, APP for the State/non-applicant 1 Ms. Neerja G. Chaubey, Advocate for non-applicant 2 (appointed) CORAM : ROHIT B. DEO AND ANIL L. PANSARE J J .

DATED : 26 - 9We were not inclined to entertain the challenge to the First Information Report in exercise of jurisdiction under Section 482 of the Code of Criminal Procedure, 1973.

2.

The learned counsel for the applicant seeks leave to withdraw the application with liberty to apply for discharge, if and when the charge-sheet is filed. 3.

Learned Additional Public Prosecutor, Mr. Doifode states that the charge-sheet is already filed against the co-accused and but for the fact that the interim order restrains the Investigating Officer from filing the chargesheet against the present applicant, the same would have been filed by now. We expect the Investigating Officer to

2 apl 917.2022.odt file charge-sheet against the applicant, as expeditiously as possible.

4.

Keeping all contentions open, the application is disposed of as withdrawn with liberty as prayed. 5.

Fees of learned appointed counsel, Ms. Chaubey be quantified and paid in accordance with the rules. (Anil L. Pansare, J.) (Rohit B. Deo, J.) wasnik YUVRAJ WASNIK