Sajid @ Rijju Salim Sayani And Another v. State Of Mha. Thr. Pso Ps Awadhutwadi Dist.Yavatmal
20 apl 1657.22.odt..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.
OF 2022 Sajid @ Rajju Salim Sayani and another .Vs.
State of Maharashtra, through PSO of PS Awadhutwadi Dist. Yavatmal _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr Vijay Hamand, Advocate h/f Shri P.W. Mirza, Advocate for the applicants Mrs. Mayuri Deshmukh, APP for the State.
CORAM :
G.A. SANAP, J.
DATE :
03.04.2023 Advocate for the applicants is absent. Shri Vijay Hamand, holding Advocate for the applicants makes a request for adjournment.
2.
In my view, considering the nature of the order challenged in this application, it would not be appropriate to adjourn the matter. The order challenged is dated 12.12.2022 whereby the applicant/accused were remanded to custody till 20.12.2022.
3.
According to the case of prosecution, the crime under Sections 307, 384, 143, 147, 148, 149, 506, 120(B) of the Indian Penal Code r/w sections 3, 25, 27,
20 apl 1657.22.odt..odt 35 Arms Act r/w section 135 of the Bombay Police Act and r/w Section 3(1)(II), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 has been registered against the accused.
4.
It is stated that for the purpose of investigation after hearing both the parties, the learned Special Judge was inclined to grant the police custody. The purpose of police custody was over on 20.12.2022. Now the applicants are in Magistrate custody.
5.
Learned APP submits that the charge sheet has not yet been filed. Investigation is in progress. Learned APP submits that since the period of police custody was over on 20.12.2022. This petition has become infructuous. 6.
On going through the record and proceedings and particularly in view of facts that police custody period was over on 20.12.2022, this application has become infructuous.
7.
Accordingly, the application stands disposed of as being infructuous.
(G. A. SANAP, J.) manisha Signed By:MANISHA ALOK SHEWALE