Bhausaheb Ananda Rupnar v. The State Of Maharashtra And ANR

Digitally signed by SHAGUFTA Q PATHAN Date:

2022.11.29 16:23:56 +0530 SHAGUFTA Q PATHAN 35-WP-5867-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5867 OF 2019 Bhausaheb Ananda Rupnar

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Purushottam G. Chavan for the Petitioner Mr. Y. M. Nakhwa, A.P.P for the Respondent No.1-State None for the Respondent No. 2 CORAM : REVATI MOHITE DERE & R. N. LADDHA, JJ.

MONDAY, 28 th NOVEMBER 2022 P.C :

Learned counsel for the petitioner submits that during the pendency of the aforesaid petition, charge-sheet has been filed in the said case by the police i.e. in C.R. No. 805/2017 registered with the Sangola Police Station.

In view of the same, learned counsel for the petitioner seeks leave to withdraw the petition, with liberty to file an SQ Pathan 1/2

35-WP-5867-2019.doc application, seeking petitioner's discharge from the said case, before the trial Court.

The petition is accordingly disposed of as withdrawn, with liberty as prayed.

It is made clear that if an application for discharge is filed by the petitioner, the learned Judge to decide the said application (provided, charge has not been framed in the said case), on its own merits, in accordance with law, uninfluenced by the withdrawal of the aforesaid petition.

All contentions of all parties, on merits, are kept open. R. N. LADDHA, J.

REVATI MOHITE DERE, J.

SQ Pathan 2/2