Harish S/O Morumal Budhlani v. State Of Mah. Thr. Pso Ps Jaripatka Nagpur And Another

1 / 2 05-APL 847.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 847 OF 2021 Harish S/o. Morumal Budhlani vs.

State of Maharashtra and another ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr. S. S. Dewani, Advocate for applicant.

Mr. I. J. Damle, APP for respondent No.1 State. Mr. A. O. Shriwas, Advocate for respondent No.2. CORAM :

MANISH PITALE AND G.A.SANAP JJ.

DATE : 05/08/2022 CRIMINAL APPLICATION (APPP) NO. 1236 OF 2022 By this application, the applicant is seeking amendment to bring on record charge-shet and also to pray for quashing of the charge-sheet. Although the application is opposed on behalf of respondent No.2 on the ground that the charge-sheet was filed in August, 2021. It is also submitted that the applicant can file an application for discharge in the light of the fact that charge-sheet is filed. 2.

The learned counsel appearing for the applicant relied upon the judgment of Hon'

ble KOLHE

2 / 2 05-APL 847.2021 Supreme Court in the case of Anand Kumar Mohatta vs. State (Govt. of NCT of Delhi) Department of Home reported in AIR 2019 SC 210, to contend that even if remedy of filing application for discharge may be available to the applicants, there is no bar on this Court exercising jurisdiction under Section 482 of the Code of Criminal Procedure to consider quashing of the FIR as well as the charge-sheet. We are convinced that the application for amendment can be granted. 3.

Accordingly, the application is allowed.

Amendment to be carried out within one week from today.

CRIMINAL APPLICATION (APL) NO. 847 OF 2021 List this application for further consideration after two weeks.

JUDGE JUDGE CHANDRAKANT KOLHE 15:09 KOLHE