Sheikh Rahim Sheikh Fatyamat v. State Of Mha. Thr. Pso Umarkhed Tah.Umarkhed Dist.Yavatmal And Another

8 ba1465.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.1465 OF 2022 Sheikh Rahim Sheikh Fatyamat Vs. State of Maharashtra and another __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri G.M. Kubde, Advocate for applicant.

Shri S.S. Doifode, APP for non-applicant/State. Ms S.P. Giratkar, Advocate appointed for non-applicant no.2/victim.

CORAM : ANIL L. PANSARE, J.

DATE : MARCH 10, 2023.

On previous date i.e. on 01.03.2023, following order was passed:

"Heard.

2. When this Court was not inclined to grant relief to the Applicant, learned counsel for the Applicant seeks a week's time to take instructions to withdraw the application."

2.

Shri Kubde, learned counsel for the applicant submits that the victim and her father met him. He further submits that the Court may hear them, if intends to. He further submits that if they do not oppose the application the benefits could be extended to the applicant.

3.

Ms Giratkar, learned counsel for the non-applicant no.2 however submits that she does not have any such instruction.

8 ba1465.22.odt 4.

At this stage, learned counsel for the applicant, seeks permission to withdraw the application with liberty to approach afresh before the trial Court in view of the change in circumstance.

5.

Permission granted. The application is dismissed as withdraw with liberty as prayed for.

6.

Trial Court will however consider whether there is indeed change in circumstance.

7.

Professional fees of learned counsel appointed for non-applicant no.2/victim be quantified and paid, as per Rules.

JUDGE Wagh