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Bombay High CourtAPL/1682/2022disposed off

Dheeraj S/O Rajesh Gupta v. The State Of Mah. Thr. Pso Ps Hingna Tah.Hingna Dist.Nagpur And Another

2023-04-19Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Bharat P. Deshpande2 pages

1 11.apl.1682.2022

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.1682 OF 2022 Dheeraj s/o Rajesh Gupta ..vs..

State of Maharashtra and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.J. Mehta, Advocate for the applicant.

Shri Rode, A.P.P. for the non-applicant/State. CORAM : VINAY JOSHI AND BHARAT P. DESHPANDE, JJ. DATED :

19/04/2023.

Heard.

2.

This is an application seeking to quash the First Information Report(FIR) in Crime No.134 of 2016 registered with the Hingna Police Station District Nagpur for the offence punishable under Sections 419, 420, 467, 471 read with Section 34 of the Indian Penal Code as well as charge-sheet relating to regular criminal case No.347 of 2017 pending on the file of the Judicial Magistrate First Class, Hingna.

3.

We have gone through the FIR as well as the Charge-sheet. We find that the substantial allegations are against the applicant and therefore, we are not inclined to entertain this application under Section 482 of the Code of Criminal Procedure.

4.

Learned Counsel for the applicant would submit that though the criminal case is filed in the year 2017, till date charges have not been framed.

2 11.apl.1682.2022 5.

It is informed that the applicant is consistently remain present before the Trial Court, however due to absence of co-accused, there is no progress and the matter is stand still for last five years.

6.

In view of the above, we hereby direct the Trial Court to see the feasibility to separate the trial of the present applicant and decide the same expeditiously. (BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.) Trupti TRUPTI SANTOSHJI AGRAWAL 21.04.2023 15:13