Bombay High CourtAPL/547/2013dismissed

Dnyaneshwar Sheshrao Ingle And 2 Others v. State Of Maharashtra Through Pso. Ps Patur, Dist. Akola And 2 Others

2020-10-07Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Amit B. Borkar2 pages

apl547.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 547/2013 Dnyaneshwar S. Ingle & ors.

..VS..

State & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.J. Kadu, APP for the non-applicant/State CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

DATED : 07/10/2020 1] This application is filed by the accused under Section 482 of the Code of Criminal Procedure praying that the FIR registered against them for the offences punishable under Sections 353, 504 and 506 of the Indian Penal Code and Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act be quashed. It is pending since 2013 after Rule came to be issued. By interim order, the investigation in Crime No. 97/2013 is stayed. Today, the criminal application is listed for final hearing. The advocates representing the applicants - accused are not online though link is sent to them.

2] Shri S.J. Kadu, learned APP submitted that this Court should clarify that the interim order granted by the Court on 25/09/2013 and continued on 10/12/2013 stands vacated as per the directions given by the Hon' ble Supreme Court in the judgment delivered in the case of Asian Resurfacing of Road Agency Private Limited and another vs. ANSARI

apl547.2013 Central Bureau of Investigation reported in (2018) 16 SCC at page 299.

3] We find substance in the submission made by learned APP, however, we grant an opportunity to the applicants / their advocates to putforth their case. 4] Call out the criminal application at 2:30 pm, today itself for further orders.

5] Shri S.J. Kadu, learned APP states that he will inform Shri A.S. Mardikar, Advocate and / or Shri G.R. Kothari, Advocate about this order and the fact that the matter would be called at 2:30 pm.

JUDGE JUDGE ANSARI