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Bombay High CourtAPPW/277/2019allowed

Adv. Surendra Pundlik Gadling v. State Of Mah. Thr Sub Divisional P.O. Hedri,

2021-08-03Hon'Ble Shri Justice Manish Pitale2 pages

1 / 2 03-WP 439.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 277 OF 2019 (APPW) IN CRIMINAL WRIT PETITION NO. 439 OF 2019 ( Surendra Pundlik Gadling vs. State of Maharashtra ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court' s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Nihalsingh Rathod, Advocate for applicant/petitioner. Ms. Shamsi Z. Haider, APP for sole respondent. CORAM : MANISH PITALE J.

DATED : 03/08/2021 This is an application seeking amendment of the writ petition, in view of subsequent developments in the matter. It is contended on behalf of the applicant/petitioner that the manner in which chargesheet was filed before the Court of Magistrate, the charge-sheet stands vitiated. In this backdrop, the applicant/petitioner intends to add paragraph 9A to 9E to the writ petition and to add prayer clause B1. 2.

The respondent State has filed its reply, opposing the application for amendment. But, considering the fact that by way of an amendment, the applicant/petitioner intends to place on record certain subsequent developments and intends to argue in respect of the charge-sheet, no prejudice would be

2 / 2 03-WP 439.2019 caused to the respondent, if the application for amendment is allowed. The respondent State would be entitled to oppose the prayer sought to be added by way of amendment.

3.

For the reasons stated in the application, the same is allowed. The amendment to be carried out within a period of one week from today.

4.

List the writ petition for final disposal on 10th August, 2021.

JUDGE KOLHE/P.A.