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Nagesh Laxman Takmoge v. The State Of Maharashtra And ANR

2016-01-22Hon'Ble Shri Justice S.C. Gupte,Hon'Ble Shri Justice Ranjit More.1 pages

sat 1/1 wp 3404­2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3404 OF 2015 Nagesh Laxman Takmoge

...Petitioner

vs.

The State of Maharashtra & Anr.

...Respondents

Mr.S.G. Kudle for Petitioner.

Ms.S.D. Shinde, APP for State.

CORAM : RANJIT MORE & S.C. GUPTE, JJ.

22 JANUARY 2016 P.C. :

Heard Mr.Kudle, learned Counsel for the Petitioner and Ms.Shinde, learned APP for the State.

The petition is filed for quashing C.R. No.33 of 2015 registered with Vijapur Naka Police Station at Solapur. We have perused the FIR. The same prima facie reveals commission of a cognizable offence by the Petitioner. We are, therefore, not inclined to entertain this petition. Mr.Kudle, learned Counsel for the Petitioner, submit that though the FIR was registered as long as back on 7 February 2015, charge sheet is not filed. Ms.Shinde, learned APP for the State, after having taken instructions from the officer concerned, makes a statement that the investigation into the subject FIR is almost complete and charge sheet would be filed before the concerned Court within two weeks from today. The statement is accepted. The petition is, accordingly, dismissed. Needless to mention that the Petitioner is always at liberty to apply for discharge once charge sheet is filed. In the event, the said application is filed, the concerned court shall dispose of the same independently on its merits and without being influenced by the observations of the court.

(S.C. GUPTE, J.) (RANJIT MORE, J.)