Bombay High CourtABA/565/2017allowed to be withdrawn

Smt. Minal Alias Pinky W/O. Ashok Jeswani v. State Of Maharashtra Thr. Police Station Officer Police Station Jaripatka Nagpur

2017-08-29Hon'Ble Shri Justice V.M. Deshpande2 pages

aba565.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.565/2017 Smt. Minal @ Pinky w/o Ashok Jeswani .vs. State of Maharashtra thr. PSO P.S. Jaripatka, Nagpur.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. P. S. Sahare, Advocate for applicant.

Mr. T. A. Mirza, A.P.P. for non applicant.

Mr. S.G. Karamarkar, Advocate assisting the Prosecution. CORAM : V.M. DESHPANDE, J.

DATED :

AUGUST 29, 2017 Criminal Application (APPP) No.1398/2017 This is an application filed on behalf of the original complainant for assisting the prosecution. For the reasons stated in the application, it is allowed.

The application stands disposed of.

Criminal Application No.565/2017 At the outset, Mr. Sahare, learned counsel for the applicant submits that he wishes to withdraw the present application in order to file an application for anticipatory bail before the Sessions Court since the applicant has directly approached to this Court. No doubt, the applicant has every right to approach directly to this Court since jurisdiction of this Court and that of the Sessions Court is concurrent, however, judicial propriety demands that the applicant should approach to the Court of Sessions first.

aba565.17.odt The application is allowed to be withdrawn with liberty to file an appropriate application before the competent Court of Sessions within one week from today. This Court has already granted ad interim protection in favour of the applicant on 03.08.2017. The said shall be in operation till 07.09.2017. It is made clear that this Court has not heard the application on its merit and has not expressed anything on the merits of the application.

The application is allowed to be withdrawn with liberty as prayed for.

JUDGE kahale