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Bombay High CourtWP/777/2019dismissed

Arvind Abhayraj Sharma And Others v. State Of Mah., Thr. Its Secretary Department Of Home , Mantralaya Mumbai And Others

2019-10-09Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

83WP 777.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION (WP) NO. 777 OF 2019.

(Arvind Abhayraj Sharma & Ors. Vs. State of Maharashtra & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri R.K. Tiwari, Advocate for the petitioners. Shri T.A. Mirza, APP for respondent No.1 and 2. CORAM : Z.A. HAQ & PUSHPA V. GANEDIWALA, JJ.

OCTOBER 09, 2019.

After hearing for sometime, we expressed that we are not inclined to consider the prayer that the First Information Report No.234/2004 dated 28/09/2004 registered with the Police Station, Dhantoli, Nagpur for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, be quashed.

Learned Advocate for the petitioners submitted that the prayer is not pressed and is given up and the arguments are restricted only to the alternative prayer seeking entrustment of investigation to any other agency.

Learned Advocate for the petitioners, on instructions, seeks permission to withdraw this petition with liberty to approach this Court again under Articles 226 and 227 of the Constitution of India with the prayer that the investigation be

83WP 777.19 transferred to any other agency, if felt necessary, after the decision of the Hon'ble Supreme Court in Special Leave Petition (Criminal) No.4565/2019. The petition is disposed as withdrawn with liberty as prayed for.

CRIMINAL APPLICATION (APPW) NO. 226/2019.

In view of the disposal of the Criminal Writ Petition, this application praying for dispensing with certified copy of F.I.R. and translated copies of documents does not survive. It is disposed accordingly.

JUDGE JUDGE Sumit