Bombay High CourtAPL/962/2019disposed off

Arun S/O Samadhan Tandale v. State Of Mah., Thr. Pso P S Tamgaon Tq Sangrampur Dist Buldhana And Another

2020-08-07Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Avinash G. Gharote2 pages

35LDVC APPP 1075-2020 IN APL 962-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR LD-VC-CRIMINAL APPLICATION (APPP) NO.1075 OF 2020 IN CRIMINAL APPLICATION (APL) NO.962 OF 2019 Arun S/o Samadhan Tandale ...Versus...

State of Maharashtra through Police Station Officer, Police Station Tamgaon, Tq. Sangrampur, Dist- Buldana and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- - - Shri I.F. Jain, Advocate for applicant Shri M.K. Pathan, learned APP for non-applicant no.1/State CORAM : Z. A. HAQ AND AVINASH G. GHAROTE, JJ.

DATE : 07/08/2020 Heard Shri I.F.Jain, learned advocate for the petitioner and Shri M.K. Pathan, learned A.P.P. for the nonapplicant/State. Shri Pathan, learned A.P.P. makes a statement that charge-sheet is ready to be filed before the Sessions Court but because of the order passed by this Court, the same has not been filed. An application to that effect i.e. Criminal Application No. 1075/2020 has already been filed for the said purpose.

Considering the nature of the offence and the fact that the charge-sheet is already ready, we deem it appropriate if the charge-sheet is permitted to be filed before the Sessions Court and subsequent to which, the petitioner

35LDVC APPP 1075-2020 IN APL 962-2019.odt would have liberty to approach the appropriate forum by way of an appropriate application in that regard. In view of the above reason, we see no reason to keep the criminal application pending. Criminal application is disposed of in the above terms.

JUDGE JUDGE J. Pethe