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Bombay High CourtWP/4773/2015dissmiss for defaultnonprosecution

P.R.Prasad Rao v. The State Of Maharashtra

2024-01-31Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Shyam C. Chandak2 pages

H. C. Shiv 35.w4773.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4773 OF 2015 P. R. Prasad Rao .. Petitioner vs.

The State of Maharashtra & Ors.

.. Respondents Mr. Prashant Trivedi i/b N. V. Masurkar for the Petitioner. Mr. S. V. Gavand APP for the Respondent-State. Mr. O. A. Wable with Abhijeet Khade i/b Prasanna Shahane for Respondent No.3.

CORAM: A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 3rd MAY 2024 P. C.:- 1) Mr.Gavand, learned A.P.P. on instructions submitted that, the investigation of present crime is completed and charge sheet is ready to be filed, however in view of the Order dated 16th September 2016, it has not been filed till today. That, during the course of investigation sufficient material is found against the Petitioner to indict him in the present crime. That, if this Court grants leave to file charge sheet it will be filed within three weeks from the date of uploading of present Order on the official website of Bombay High Court.

2) In view of the above, we permit the investigating agency to file charge sheet before the Court of competent jurisdiction. 3) As the police are intending to file charge sheet, Mr.Trivedi, Digitally signed by HEMANT CHANDERSEN SHIV Date:

2024.05.08 16:54:59 +0530 HEMANT CHANDERSEN SHIV 1/2

H. C. Shiv 35.w4773.15.doc learned Advocate for the Petitioner on instructions seeks leave to withdraw the Petition with liberty to file an Application for discharge under the provisions of the Code of Criminal Procedure, before the trial Court. 3.1) Leave and liberty granted.

4) Disposed off as withdrawn with aforesaid liberty. (SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 2/2