Shoaibullakha Azharullakha And 6 Others v. The State Of Maharashtra, Through P.S.O. Akot, Akola And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application [APL] No. 699 of 2014 [Shoaibullakha Azharullakha & others Vs. State of Mah. & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. V.B. Bhise, Adv., for the Applicants.

Ms. Udeshi, APP for respondent no.1.

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CORAM

:

A.B. CHAUDHARI AND P.N. DESHMUKH, JJ.

DATE :

25th February, 2015.

Efforts for mediation, as reported by the learned counsel for the Applicants, have failed. A communication to that effect issued by the President, Mahatma Gandhi Tanta Mukta Committee, Mohala, Tq. Akot, Distt. Akola, is taken on record and marked 'X' for identification.

----- Heard learned counsel for the rival parties.

Learned APP informs that the charge-sheet has been filed in the Court. Looking to the nature of

offences that have been alleged against the applicants, we are quite sure that the offences involve a petty nature of quarrel. However, blowing the same out of proportion, the non-bailable offences have been registered against the applicants. But then, we are not in a position under our jurisdiction under Section 482, Criminal Procedure Code, to record a finding about the truthfulness or otherwise and, therefore, we make the following order:-

O R D E R

[a] Criminal Application No. 699 of 2014 is disposed of, reserving liberty in favour of the Applicants to take such other steps, including making an application for discharge before the Trial Court.

[b] If such application for discharge is made, the same shall be expeditiously disposed of.

Judge Judge |hedau|