Vibha Jayant Pathak And ANR v. State Of Maharashtra And ANR

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17 Wp-3041-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3041 OF 2024 Vibha Jayant Pathak And Anr.

.....Petitioners

Versus

The State of Maharashtra And Anr.

.....Respondents ----- Adv. Siddharth N. Sutaria i/by Adv. Suyash Khose - Advocate for the Petitioners.

Mr. J. P. Yagnik - APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 25th FEBRUARY 2025 P.C. :

1.

After arguing for some time, when we expressed our disinclination to allow this Writ Petition, learned Counsel for the Petitioners prays for unconditional withdrawal of this petition with a liberty to prefer an application for discharge before the trial Court. 2.

The permission is granted. Writ Petition is allowed to be withdrawn. The Petitioner is at liberty to file an application for discharge before the trial Court. If such an application is filed, the trial Court shall decide it on its own merits in accordance with law and without being influenced by withdrawal of this petition. Seema SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date:

2025.02.28 11:01:39 +0530

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17 Wp-3041-2024.odt 3.

We are informed that the discharge application is already preferred, but it has not been decided till today. If it is already filed, then there is no reason why it should be not decided as early as possible. Learned trial Judge shall consider it and decide it expeditiously.

4.

The Writ petition is disposed of.

(S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Seema