Francis Joseph Lopes v. The State Of Maharashtra

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26 Wp-4498-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4498 OF 2024 Francis Joseph Lopes .....Petitioner

Versus

The State of Maharashtra .....Respondents ----- Ms. Jonita Dabreo i/by JRA Law - Advocate for the Petitioner. Smt. M. H. Mhatre - APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 19th MARCH 2025 P.C. :

1.

Learned Counsel for the Petitioner submitted that in this subject matter the charges are already framed. Therefore, she is not pressing this petition. However, she seeks liberty to challenge the order of framing of the charge. The petition is allowed to be withdrawn as not pressed. However, the Petitioner is at liberty to adopt an appropriate proceeding for challenging the order of framing of the charge. If such an application is preferred, it shall be decided on its own merits and in accordance with law. Digitally signed by SEEMA KSHITIJ YELKAR Date:

2025.03.20 11:34:30 +0530 SEEMA KSHITIJ YELKAR Seema

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26 Wp-4498-2024.odt 2.

The questions of the maintainability and limitation of such proceeding are also kept open and it is to be decided by the Competent Court.

3.

With these observations and liberty, the petition is disposed of. (S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Seema