Bombay High CourtWP/810/2023disposed off as a withdrawn

Dinesh S/O Ramdeo Shahu v. The State Of Mah. Thr. Pso, Ps Gittikhadan, Nagpur And Others

2023-11-06Hon'Ble Shri Justice Anil L. Pansare2 pages

2023:BHC-NAG:16141 1 cri. w.p 810.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Writ Petition No.

of 20 [Dinesh S/o Ramdeo Shahu ..vs.. The State of Maharashtra, thr. P.S.O., P.S. Gittikhadan, Nagpur and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. P. N. Lakhani, Advocate for the petitioner Mr. A. M. Ghogre, APP for respondent no. 1 CORAM : ANIL L. PANSARE J .

DATED : 6-1 1 -202 The contention is, while testing the judgment and order of acquittal passed by the trial Court, the first appellate Court has set aside the order and remanded the matter back to the trial Court for recording evidence afresh of so called remaining witnesses whose evidence has been not recorded earlier.

Learned Additional Public Prosecutor submits that the order impugned is dated 22-11-2017. He further submits that delay has not been properly explained. The progress in the re-trial is not known.

At this stage, learned counsel for the petitioner submits that despite giving opportunity to the prosecution, it failed to lead evidence and, therefore, the trial Court has closed the evidence and recorded statement of accused/ petitioner under Section 313 of the Code of Criminal Procedure afresh.

2 cri. w.p 810.2023.odt Thus it appears that the petitioner has, pursuant to the impugned order, acted upon it. The petitioner shall satisfy as to how the petition is maintainable.

At this stage, learned counsel for the petitioner seeks permission to withdraw the petition with liberty to challenge subsequent order passed by the trial Court permitting prosecution to examine three witnesses which were not even cited as witnesses in the charge-sheet. Permission granted.

The petition is disposed of as withdrawn with liberty as prayed for.

(Anil L. Pansare, J.) wasnik