Mohammad Arif Malik S/O. Mohammad Usman Malik v. The State Of Mah. Thr. Its In-Charge/Pso, Ps Wadi Nagpur Dist. Nagpur And Others
2025:BHC-NAG:10999-DB 1 905-APPW-89-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPW) NO.89 OF 2024 AND CRIMINAL WRIT PETITION NO. 815 OF 2023 MOHD ARIF MALIK S/O MOHD. USMAN MALIK Vrs.
THE STATE OF MAHARASHTRA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri R. J. Mirza, Advocate for applicant/petitioner. Shri I. J. Damle, APP for respondent Nos.1 and 3. Shri S. S. Sohoni, Advocate for respondent No.2. CORAM: ANIL L. PANSARE AND Y. G. KHOBRAGADE, JJ.
DATE : 15/10/2025.
1.
For the reasons set out in the application, application is allowed.
2.
The Investigating Officer is permitted to file charge sheet.
3.
At this stage, learned APP submits that charge sheet has been already filed. The Investigating Officer misread the order dated 08/10/2025 wherein this Court directed the Investigating Officer to file charge sheet by taking permission of the Court. The latter part of the order is misread by the Investigating Officer.
4.
The mistake appears to us to be inadvertent.
Learned APP has tendered apology on behalf of the Investigating Officer.
2 905-APPW-89-2024.odt 5.
The apology is accepted. The mistake, being inadvertent, is pardoned.
6.
In view of the above development, counsel for petitioner, on instructions seeks permission to withdraw the petition and to take recourse to the remedy as is available in law including to file proceeding to challenge the charge sheet.
7.
Permission is granted.
8.
Petition is disposed of as withdrawn with liberty as prayed for.
[Y. G. KHOBRAGADE, J.] [ANIL L. PANSARE, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 16/10/2025 10:58:32