Ritesh S/O Radheshyam Rathi v. State Of Mah., Thr. Pso Ps Gadge Nagar Dist Amravati

18.APL694.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION (APL)NO. 694/2019 Ritesh Radheshyam Rathi Vs.

State of Maharashtra through P.S.O., P.S.Gadge Nagar, Amravati and anr. ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri P.R.Agrawal, Advocate for applicant Mrs. S.S.Jachak, Additional Public Prosecutor for respondent no.1. Shri S.A.Bramhe, Advocate for respondent no.2. CORAM :- A.S.CHANDURKAR AND G.A.SANAP, JJ.

DATED :- AUGUST 10, 2021.

The applicant has sought quashing of First Information Report No.234/2019 that was registered with Gadgenagar Police Station, Amravati for offence punishable under Section 420 read with Section 34 of the Indian Penal Code. After the notice was issued it has transpired that the charge-sheet has been filed before the trial Court. Shri S.A.Bramhe, learned counsel for the respondent no.2 on instructions submits that the trial is on the verge of completion and the same would be completed within a short period. In that view of the matter since we find that the trial has progressed and in fact the same is on the verge of completion, we do not deem it appropriate at this stage to entertain the challenge to the First Information Report. No doubt, the applicant has filed Criminal Application (APPP) NO.

23/2021 for seeking permission to amend the present proceedings in view of filing of the charge-sheet. However, liberty is granted to the applicant to approach the trial Court for seeking any relief in that regard, if so advised. Criminal Application(APL) No.694/2019 is accordingly disposed of. Pending applications if any are also disposed of. JUDGE JUDGE Andurkar..