Arun S/O Bhagwan Unhale And 4 Others v. State Of Mah., Thr. Pso City Kotwali Dist Akola And Another

APL 1104.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 1104/2019 Arun s/o. Bhagwan Unhale and ors.

..VS..

State of Maharashtra and anr.

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s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri T. A. Mirza, APP for the non-applicant no. 1/State CORAM : Z. A. HAQ & M. G. GIRATKAR, JJ.

DATED : 18/11/2019 On 11.11.2019, this matter was adjourned on request made on behalf of Advocate appearing for the applicants. Today, when the matter is called out, none appeared on behalf of applicants.

Heard Shri T. A. Mirza, learned Additional Public Prosecutor and examined the documents placed on the record of the Criminal Application.

By this application under Section 482 of the Code of Criminal Procedure, the applicants have prayed that the FIR registered against them pursuant to the directions given under Section 156(3) of the Code of Criminal Procedure by the learned Judicial Magistrate, be quashed. Learned Additional Public Prosecutor has pointed out that the Revision Application filed by the applicants challenging the order passed by learned Judicial Magistrate is also dismissed by the Sessions Court.

APL 1104.2019.odt Considering the facts of the case, prima facie, we are of the view that this is not a case fit to exercise jurisdiction under Section 482 of the Code of Criminal Procedure and to quash the First Information Report registered against the applicants. The applicants will be at liberty to file application seeking discharge, if so advised and necessitated.

In view of the above, the Criminal Application is dismissed. No costs.

JUDGE JUDGE SMGate