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Bombay High CourtAPPP/2149/2018allowed

Pradeep S/O. Marotrao Mendhe And Others v. State Of Maharashtra Thr. Police Station Officer P.S. Babhulgaon Dist. Gondia And Another

2019-01-21Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Shri Justice Rohit Baban Deo2 pages

2101appp2149.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.2149 OF 2018 IN CRIMINAL APPLICATION (APL) NO.377 OF 2017 (Pradip Marotrao Mendhe and others vs. State of Maharashtra and another) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri R.S. Kurekar, Advocate for applicants.

Smt. K.S. Joshi, Additional Public Prosecutor for respondent no.1.

Shri P.M. Pande, Advocate h/f Shri N.S. Deshpande, Advocate for respondent no.2.

--------- CORAM : P.N. DESHMUKH AND ROHIT B. DEO, JJ.

DATED : JANUARY 21, 2019 Issue notice to respondents.

Smt. Joshi, learned Additional Public Prosecutor waives notice for respondent no.1, and Shri Pande, learned Counsel waives notice for respondent no.2.

Heard learned Counsel for the parties.

This application is filed by applicants for permission to amend the application praying for quashing of charge-sheet as during pendency of present application, charge-sheet is filed before competent Court. Having considered the nature of amendment and since charge-sheet is admittedly filed before competent Court in Crime No.141/2017 registered by Police Station, Babhulgaon for the offence punishable under Section 498-A read with Section 34 of Indian Penal Code, application is allowed.

2101appp2149.18 2/2 Applicants to carry out amendment within one week and serve copy of amended application to respondents.

Learned Additional Public Prosecutor to produce copy of charge-sheet on the next date. Stand over to 4/2/2019.

JUDGE JUDGE khj