Shri. Gautam Akduji Tode And 2 Others v. State Of Maharashtra Through Superintendent Of Police, Chandrapur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPW) NO.208 OF 2016 IN CRIMINAL WRIT PETITION NO.1042 OF 2014 Shri Gautam Akduji Tode and ors ..vs..

State of Maharashtra, through Superintendent of Police, Chandrapur and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri P.S. Tidke, counsel for the applicants/petitioners. Shri S.V. Sirpurkar, counsel for non-applicant Nos.6 & 7/Resps. Shri S.S. Doifode, Addll.P.P. for non-applicant No.1 to 5/State.

CORAM

: B.P. DHARMADHIKARI & KUM. INDIRA K. JAIN, JJ.

DATED : DECEMBER 19, 2016.

Heard learned counsel Shri P.S. Tidke for the applicants/petitioners, learned counsel Shri S.V. Sirpurkar for non-applicant Nos.6 and 7, and learned Additional Public Prosecutor Shri S.S. Doifode for nonapplicant Nos.1 to 5/State. Learned counsel Shri S.V. Sirpurkar for nonapplicant Nos.6 and 7/respondents points out that he has not received copy of application. He seeks time to verify the facts.

Learned counsel Shri P.S. Tidke for the applicants/petitioners makes a statement that .....2/-

inadvertently a prayer to quash and set aside F.I.R. was left out and, therefore, the same is now sought to be added. According to him, challenge to that F.I.R. is already pleaded in the petition.

Learned Additional Public Prosecutor Shri S.S. Doifode for non-applicant Nos.1 to 5/State has no objection.

In this situation, without prejudice to the rights of non-applicant No.7/respondent, we allow the application. Necessary amendment be carried out within a period of one week.

It appears that the matter was heard for admission earlier and, thereafter, it came to be adjourned for one reason or the other.

In this situation, we list the criminal writ petition for further consideration on 11.1.2017. The criminal application is disposed of accordingly.

JUDGE JUDGE !! BRW !!

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C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

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Uploaded on :- 20/12/2016 (Personal Assistant) ...../-