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Bombay High CourtWP/1088/2017dismissed

Jugalkishor Govardhandas Mundhada v. State Of Maharashtra Thr. Police Station Officer Dattapur Police Station Dist. Amravati And Others

2019-03-01Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Shri Justice Rohit Baban Deo2 pages

0103wp1088.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.1088 OF 2017 (Jugalkishor Govardhandas Mundhada vs. The State of Maharashtra and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri J.Y. Ghurde, Additional Public Prosecutor for respondent nos.1 and 2.

Shri S.G. Joshi, Advocate for respondent nos.3 and 4. ---------- CORAM : P.N. DESHMUKH AND ROHIT B. DEO, JJ.

DATED : MARCH 1, 2019 None for petitioner.

Record reveals that on earlier two dates, this petition was adjourned on the request of learned Counsel for petitioner since it was stated that issue involved herein is amicably settled and petitioner wants to place on record terms of compromise. In spite of grant of time, none is present for petitioner today nor any such terms of compromise are placed on record.

Shri Joshi, learned Counsel for respondent nos.3 and 4, submits that as per his instructions, till date no compromise has taken place.

Affidavit-in-reply of respondent State reveals that on completion of investigation, approval was obtained from the superior Officer and "C" final report was submitted before the Court of Judicial Magistrate, First Class, Dhamangaon on 16/1/2018.

In the circumstances, we find no reason to keep this petition pending as petitioner is always at

0103wp1088.17 2/2 liberty to file protest petition before learned Judicial Magistrate, First class, Dhamangaon.

In that view of the matter, petition is dismissed with liberty in favour of petitioner to contest "C" summary proceedings before trial Court.

JUDGE JUDGE khj