Yuvraj S/O. Dalal Shinde And Another v. State Of Maharashtra Thr. P.S.O. P.S. Civil Lines, Akola And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPP) NO.1034/2018 IN CRIMINAL APPLICATION (APL) NO.518/2018 Yuvraj s/o Dalal Shinde and another ...Versus...

State of Maharashtra, through P.S.O. P.S. Civil Lines, Akola, Tq. and Dist. Akola and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Mardikar, Sr. Counsel with Shri A.M. Tirukh, Counsel for applicants CORAM : R.K. DESHPANDE AND ARUN D. UPADHYE, JJ.

DATE : 21/06/2018 1.

Shri Tirukh, the learned Counsel appearing for the applicants has filed this application for discharge as Counsel of applicant no.1 - Yuvraj s/o Dalal Shinde. He has also filed affidavit of the applicant no.2.

2.

After going through both these documents, we find that the applicant no.1 is not interested in prosecution of this criminal application. Learned Counsel states that notice was also served upon the applicant no.1, but he is not responding.

3.

In view of this, Criminal Application No.518/2018 is dismissed for want of prosecution, so far as applicant no.1 is concerned. His name be deleted. The application to proceed for applicant no.2 - Pundalik s/o Vitthapa Dudhe.

Criminal Application No.1034/2018 stands disposed of.

CRIMINAL APPLICATION (APL) NO.518/2018 1.

Heard Shri A.S. Mardikar, the learned Senior Counsel assisted by Shri Tirukh, the learned Counsel for the applicant no.2. He has taken us through the F.I.R. No.247/2018 registered on 21/5/2018 for the offence punishable under Sections 292 (2), 354 (D) read with 34 of Indian Penal Code and Section 66 (E) [wrongly shown as 67 (E)] of the Information and Technology Act. 2.

After going through the F.I.R., prima facie, it seems that there is nothing to connect the applicant no.2 - Pundalik Dudhe with the offences alleged.

3.

Issue notice for final disposal of the matter, returnable on 02/08/2018.

4.

Learned Additional Public Prosecutor Shri N.R. Rode waives service of notice for the non-applicant no.1. 5.

Investigation may go on. However, no chargesheet shall be filed until further orders of this Court. (Arun D. Upadhye, J.) (R.K. Deshpande, J.) Wadkar, P.S.