Bombay High CourtABA/549/2017dismissed

Shiv Kumar Prem Swami And Another v. State Of Maharashtra Thr. Police Station Kanhan

2017-07-28Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba549.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.549/2017 Shiv Kumar Prem Swami and another ..Vs..

State of Maharashtra, through Police Station, Kanhan - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.S. Renu, Adv. for the applicants.

Shri N.R. Patil, A.P.P. for the non-applicant / State. CORAM : Z.A.HAQ, J.

DATE : 28.7.2017.

After arguing for sometime on the point that the registration of crime for the offence punishable under Section 326 of the Indian Penal Code against the applicants is not justified and it is added subsequently, as I expressed that in view of order passed on Criminal Application (ABA) No.543/2017 on 27th June, 2017 it is not possible to consider this application, the learned Advocate for the applicants sought permission to withdraw the application with liberty to move application before the Sessions Court.

The application is dismissed as withdrawn with liberty as prayed for.

As this Court had passed an order in Criminal Application (ABA) No.470/2017 granting interim protection to the applicants during the pendency of that application, a statement is made on behalf of the

2 aba549.17 investigating agency that coercive action will not be taken against the applicants till 2nd August, 2017. JUDGE Tambaskar.