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Bombay High CourtWP/41/2025disposed off

Sanjay Kirkati John v. State Of Maharashtra And ANR

2025-01-21Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Shyam C. Chandak2 pages

2-WP-41-2025 (CR).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 41 OF 2025 Sanjay Kirkati John

...Petitioner

Versus

State Of Maharashtra And Anr

...Respondents

---- Adv. Salil Ray, Advocate for the Petitioner.

Digitally signed by AMOL DILIPRAO NAWALE Date:

2025.01.24 10:52:15 +0530 AMOL DILIPRAO NAWALE Ms. P. N. Dabholkar, APP for the State.

---- CORAM : RAVINDRA V. GHUGE & RAJESH S. PATIL, JJ.

DATE : 21st JANUARY, 2025 P.C. :- 1.

The learned Advocate for the Petitioner makes a statement that he is not challenging the order of rejection of his discharge application, passed by the learned Additional Sessions Court, Pune, dated 24th October, 2024. He, therefore, seeks liberty to delete prayer clause (c). The deletion be carried out forthwith. 2.

The learned Advocate for the Petitioner desire to research on the law, as to whether, an Application u/s 482 can be ADN

2-WP-41-2025 (CR).odt filed after the rejection of the discharge application filed post submission of the charge-sheet.

3.

The Petitioner canvasses prayer clause (b). We find that prayer clause (b) as well, the Petitioner seeks quashing two sections and seeks a discharge from the Sessions Case. 722 of 2017. He, therefore, submits that he would amend prayer (b) and only mention a prayer for quashing of the F.I.R No.330, dated 13th December, 2016, registered with the Bund Garden Police Station, District Pune.

4.

Leave to amend is granted. Amendment be carried out within two weeks.

5.

As per the request of the learned Advocate for the Petitioner, list this Petition on 5th February, 2025 in the urgent admissions category.

(RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.) ADN