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Bombay High CourtAPEAL/1428/2018allowed to be withdrawn at admission stage

Reshma @ Appi Arun Bhujbal v. The State Of Maharashtra And ANR

2019-02-26Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Indrajit Mahanty2 pages

1 12­APEAL 1230­18 @ APEAL 1428­18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1230 OF 2018 Shambhuratna Ujwal Chunge & Anr.

] ... Appellants

Versus

State of Maharashtra & Anr.

] ... Respondents ALONG WITH CRIMINAL APPEAL NO.1428 OF 2018 Reshma @ Appi Arun Bhujbal.

] ... Appellant

Versus

The State of Maharashtra & Anr.

] ... Respondents Mr. Ritesh Thobde for Appellants in both Cri. Appeals. Mr. V. B. Konde­Deshmukh, APP for State in Cri. Appeal No.1230 of 2018.

Mrs. M. M. Deshmukh, APP for State in Cri. Appeal No.1428 of 2018. Mr. Priyal Sarda for Respondent No.2 in both Appeals. CORAM :­ INDRAJIT MAHANTY & SARANG V. KOTWAL, JJ.

DATE :­ 26 FEBRUARY, 2019 P. C. :­ 1.

Today at the time of hearing, the learned APP submitted a report dated 25/02/2019 signed by the Sub­Divisional Police Officer, URS 1 of 2

2 12­APEAL 1230­18 @ APEAL 1428­18.odt Karmala Sub­Division, Karmala. When these Appeals were filed, the charge­sheet was yet to be filed. During the pendency of these Appeals, charge­sheet was filed. In view of the report submitted by the learned APP today in Court which is taken on record and marked 'X' for identification, a copy of which is given to the learned Counsel for the Appellants and in view of the fact that the charge­sheet is filed in the meantime during the pendency of the Appeals, the learned Counsel for the Appellants in both these Appeals seeks leave to withdraw these Appeals with liberty to approach the Special Court, Solapur, for appropriate relief.

2.

Hence, as per the request made by the learned Counsel for the Appellants, both these Appeals are allowed to be withdrawn with liberty to the Appellants to seek appropriate remedy before the Special Court, Solapur. In case any such application is made by the Appellants, the Special Court shall decide the same expeditiously in accordance with law.

(SARANG V. KOTWAL, J.) (INDRAJIT MAHANTY, J.) URS 2 of 2